Ordinance Number 2990
ORDIPANCE NO. 29
AN ORDINANCE GRANTING TO SAN DIEGO GAS & ELECTRIC
COMPANY ITS SUCCESSORS AND ASSIGNS, THE FRANCHISE
TO CONSTRUCT, MAINTAIN AND USE POLES, WIRES, CON-
DUITS AND APPURTENANCES, INCLUDING =-1UNICATION
CIRCUITS, NECFSSARY OR PROPER FOR TRANSMITTING AND
DISTRIBUTING ELLECTRICITY TO THE PUBLIC FOR ANY AND
ALL PURPOSE IN ALONG, ACROSS, UPON, UNDER AND OVER
THE PUBLIC STREETS AND PLACES WITHIN THE CITY OF
SAN JUAN CAPISTRANO.
The City Council of the City of San Juan Capistrano does ordain
as follows: --
Section 1. Whenever in this ordinance the words or phrases here-
inafter in this section definded are used, they shall have the respect-
ive meanings as signed to them in the following definition (unless in
the given instance, the context wherein they are used shall clearly im-
port a different meaning):
(a) The word "grantee" shall mean San Diego Gas & Electric Compa-
ny, and its lawful sucessors assigns:
(b) The word "city" shall mean the City of San Juan Capistrano,
a municipal corporation of the State of California, in its present inc-
orporation from or in any later reorganized, consolidated, enlarged or
reincorporated form;
(c) The word "streets" shall mean the public streets, ways, alleys,
and places «s the same now or may hereafter exist within said city, in-
cluding state highways, now or hereafter established within said city,
and freeways hereafter established within said city.
(d) The phrases "poles, wires, conduits, and appurtenances" shall
mean poles, towers, supports wires, conductors, cables, guys, stubs. pl-
atforms, crossarms, braces, transformers, insulators,conduits, dusts,
vaults, manholes, meters, cut-outs, switches, communication circuits,
applianoeg,, attachments, appurtenances and any other property located
or to be located in, upon, along, across, under and over the streets of
the city, and used or useful in thetransmittingand/or distrituting of
electricity;
(e) The phrase "construct, maintain and use" shall mean to const-
ruct, erect, install, lay, operate, maintain, use, repair or replace.
Section 2. The franchise to construct, maintain and use poles,
wires, conduits and appurtenances, including communication circuits,
91
necessary or proper for transmitting and distributing electricity to the
public for any and all purposes in, along, across, upon, under, and over
the public streets, ways and places within said city is hereby granted
to San Diego Gas & Electric Company, its suceessors and assigns.
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 Public Utilities Commission of the State of Ca-
lifornia, be voluntarily surrendered or abandoned by the grantee, or un-
tilthe state or some municipal or public corporation thereunto duly
authorize by law shall purchase by voluntary a3reement'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 territ-
orihl limits of the state, municipal or public corporation purchasing
or condemning such property, or until said franchise shall be forefeited
for Noncompliance with its terms by the grantee.
Section 4. The grantee of said franchise shall during the term
thereof pay to said city two per cent of the gross annual receipt of the
gross annual receipt of said grantee arising from the use, operation or
possession of said franchise; provided, however, that such payment sh-
all in no event be less than one per cent of the gross annual receipts
of grantee derived from the sale of electricity within the limits of
said city.
Section 5. The grantee shall file with the Clerk of said City, with-
in .three months after the expiration of the calender year, or fractional
calendar year, following the date of the granting hereof, and within three
months after the expiration of each and every calendar year thereafter
a duly verified statement showing in detail the total gross receipts of
such grantee during the preceding calendar year, or such franctional
calendar year, from the sale of electricity within said city. Such gr-
antee shall pay to said city within fifteen days after the time for fi-
ling such statement, in lawful money of the United States, the aforesaid
percentage of its gross receipts for such calender year, or such fracti-
onal calender year, or covered by such statement. Any .neglect, omiss-
ion or refusal by said grantee to file such verified statement, or to
pay said percentage at the time and in the manner specified, shall be
grounds for the declaration of a forefeiture of this franchise and of
all rights of grantee hereunder.
Section 6. Said franchise is granted under the Franchise Act of
1937.
Section 7. This ordinance shall become effective thirty days after
its final passage unless suspended by a referendum petition filed as
provided by law.
Section 8. The grantee of said franchise shall pay to the city a -,
sum of money sufficient to reimburse it for all publication expenses in-
curred by it in connection with the granting thereof; such payment to
be made within thirty days after the city shall have furnished such gr-
antee with a written statement of such expenses.
Section 9. The franchise granted hereby shall not become effective
until written acceptance thereof shall have been filed by the grantee
with the City Clerk.
Section 10. The City Clerk cause this ordinance to be published
once within fifteen days after its passage in the Coastline Dispatch,
a newspaper of general circulation published and circulated in said
city.
First read at a regular meeting of the City Council of said city
held on the 10th day of July, 1961, and finally adopted and ordered
published at a regular meeting of said Council held on the 24th day of
July, 1961, by the following vote:
AYES: Councilmen: Bathgate, Chermak, Durnford,
Olivares and Buchheim
NOES: Councilmen: None (�
AHSNET: Councilmen: Non - Gi.
Mayor of San Juan Capistrano
ATTEST:
City Clerk
013DINANCE NO. 30
AN OCDINANCE OF THE CITY OF SAN JUAN CAPISTRANO