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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