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):
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.
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, 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.
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)
The original processing dates of the franchise and related matters,
including acceptance, are set forth in uncodified Ordinance No. 17.
(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)
