Whenever in this Chapter the words or phrases hereinafter in
this Section defined are used, it is intended that they have the respective
meanings assigned to them in the following definitions (unless, in
the given instance, the context wherein they are used clearly imports
a different meaning):
means the City of Indian Wells, a municipal corporation of
the State of California, in its present incorporated form or in any
later reorganized, consolidated, enlarged or reincorporated form;
means to lay, construct, erect, install, operate, maintain,
use, repair, replace or relocate;
means the corporation to which the franchise contemplated
in this Chapter is granted and its lawful successors or assigns;
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 the City, and used or useful, directly or indirectly, for
the purpose of transmitting or distributing electricity;
means the public streets, ways, alleys and places as the
same now or may hereafter exist within the City.
(Ord. 14 § 1, 1967)
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 granted to Southern California Edison Company,
its lawful successors and assigns, under and in accordance with the
provisions of the Franchise Act of 1937.
(Ord. 14 § 2, 1967)
The franchise shall be indeterminate; that is to say, the 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 the franchise and situate within 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 grantee.
(Ord. 14 § 3, 1967)
The grantee of the franchise, during the life thereof, will
pay to the City 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 1% of the
gross annual receipts derived by grantee from the sale of electricity
within the limits of the City.
(Ord. 14 § 4, 1967)
The grantee shall file with the City Clerk, within three months
after the expiration of the calendar year, or fractional calendar
year, following the date of the granting of this franchise, and within
three months after the expiration of each calendar year thereafter,
a verified Statement showing in detail the total gross receipts of
the grantee derived during the preceding calendar year, or such fractional
calendar year, from the sale of electricity within the limits of the
City. The grantee shall pay to the City within 15 days after the time
for filing the 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 the Statement. Any neglect,
omission or refusal by the grantee to file the verified Statement,
or to pay the 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 under this Chapter.
(Ord. 14 § 5, 1967)
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; the payment
to be made within 30 days (30) after the City has furnished the grantee
with a written Statement of such expenses.
(Ord. 14 § 7, 1967)
