Pursuant to the Franchise Act of 1937, the city has entered into a franchise agreement with the Southern California Edison Company. Said franchise was granted pursuant to uncodified Ordinance No. 17 adopted on June 3, 1958. This chapter does not supercede uncodified Ordinance No. 17 but incorporates the provisions of Ordinance No. 17 and adds other provisions as authorized pursuant to the Franchise Act of 1937, Public Utilities Code Sections 6201 through 6302 so that a ready reference is available.
(Ord. 1387 § 1, 2006)
The terms and conditions of said franchise are those set forth in the Act, incorporated in the agreement and as further provided in this chapter. Notwithstanding anything to the contrary contained herein, in the event of a conflict, between this chapter and uncodified Ordinance No. 17, the terms of uncodified Ordinance No. 17 shall control.
(Ord. 1387 § 1, 2006)
Whenever in this section the words or phrases hereinafter in this chapter are used, it is intended that they shall have the respective meanings assigned to them in the following definitions (unless, in the given instance, the context wherein they are used shall clearly import a different meaning):
"City"
means the city of Fountain Valley, a municipal corporation of the state of California, in its present incorporated form or in any later reorganized, consolidated, enlarged or reincorporated form.
"Construct and use"
means to lay, construct, erect, install, operate, maintain, use, repair, replace or relocate.
"Grantee"
means the corporation to which the franchise contemplated in this chapter is granted and its lawful successors or assigns.
"Poles, wires, conduits and appurtenances"
means poles, towers, supports, wires, conductors, cables, guys, stubs, platforms, cross arms, braces, transformers, insulators, conduits, ducts, vaults, manholes, meters, cut-outs, switches, 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.
"Streets"
means the public streets, ways, alleys and places as the same now or may hereafter exist within said city.
(Ord. 1387 § 1, 2006)
The franchise shall be 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 Fountain Valley, is granted to Southern California Edison Company, its lawful successors and assigns, upon the terms and conditions set forth in the Franchise Act of 1937.
(Ord. 1387 § 1, 2006)
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.
(Ord. 1387 § 1, 2006)
The grantee of said franchise, during the life thereof, will pay to said city two percent 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 of the gross annual receipts derived by grantee from the sale of electricity within the limits of said city.
(Ord. 1387 § 1, 2006)
The grantee shall file with the city clerk of said city, 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 said grantee derived during the preceding calendar year, or said fractional calendar year, from the sale of electricity within the limits of said city. The grantee shall pay to said city within fifteen 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.
(Ord. 1387 § 1, 2006)
In accordance with Public Utilities Code Section 6294, the grantee of a franchise under this chapter shall construct, install and maintain all pipes, conduits, poles, wires, and appurtenances in accordance and in conformity with all of the ordinances and rules adopted by the legislative body of the municipality in the exercise of its police powers and not in conflict with the paramount authority of the state, and, as to state highways, subject to the laws relating to the location and maintenance of such facilities therein.
(Ord. 1387 § 1, 2006)
In accordance with Public Utilities Code Section 6296, the grantee shall indemnify and hold harmless the municipality and its officers from all liability for damages proximately resulting from any operations under the franchise.
(Ord. 1387 § 1, 2006)
In accordance with Public Utilities Code Section 6297, the grantee shall remove or relocate without expense to the municipality any facilities installed, used, and maintained under the franchise if and when made necessary by any lawful change of grade, alignment, or width of any public street, way, alley, or place, including the construction of any subway or viaduct, by the municipality.
(Ord. 1387 § 1, 2006)
In accordance with Public Utilities Code Section 6295, the grantee shall pay to the municipality on demand the cost of all repairs to public property made necessary by any of the operations of the grantee under the franchise.
(Ord. 1387 § 1, 2006)