The URL can be used to link to this page

Home My WebLink About1953-05-05; City Council; 1019; SDG&E Electricity Franchise...ORDINANCE NO 1019 ORDINANCE GRANTING TO SAN :DIEGO ,GAS �c :ELECTRIC COMPANY, ITS : SUCCESSORS AND ASSIGNS, THE FRANCHISE TO•CONSTRUCT, MAINTAIN AND'UTSE POLES, .WIRES,:.CONDUITS AND •APPURTENANCES, INCLUDING ACONDM`D7NIISTCARTIBIOUNTING TO THE PUBLIECFR TRS4IITTING ELECTRICITY FOR ANY AND ALL .PURPOSES IN,.ALONG, ACROSS, UPON, UNDER AID OVE3,THE PUBLIC STREETS.'AND PLACES WITHIN' THE CITY' OF CARLSBAD. • • The City Council of the City of Carlsbad does ordain as follows: Section 1. :Whenever in this ;ordinance the words or phrases hereinafter in this section defined are used, they shall have the re- spective meanings assigned ta:.them in the following definitions (un- less, in the given instance, the context wherein they are used shall. clearly import a different meaning): (a) The word ",grantee" shall mean San. Diego . Gas &` Electric Company,' and its lawful -successors or assigns; The word Ucity" shall mean the City of Carlsbad, a municipal (b) corporation of the State of ..California, in its -present incorporated form or in any ;later reorganized, consolidated, enlarged or reincorporated form; the word "streets 0: shall mean the public streets,, ways, alleys and places:.as the same now or may hereafter exist within said, city, -including state highways, now. or hereafter established within said city, and freeways hereafter established within.- said city. (d) The phrase "poles,, wires, conduits and appurtenances"..shall mean poles, towers, supports, wires, conductors, cables, guys, stubs,, platforms, crossarms, 'braces, transformers, , insulators, conduits, (e) ducts, vaults; manholes, meters, cut-outs, switches ,`communication circuits, appliances, attachments, appurtena>nces..and any other property located or to be located in, upon? :along, across, under or over the streets of the city, and :used or useful in the trans- mitting and/or distributing of electricity; The phrase "construct, maintain and use shall mean.' o construct,. erect, install, lay, operate, maintain, use repair or.re.place wires:, Section' 2. Hthe franchise to conduits and appurtenances: construct, maintain and; . use ` poles, ncluding communication .circuits; necessary or proper for transmitting and distributing electricity to the public for any and all purposes, iri, along, across, upon,' under and; over the public streets, ways and placeswithin to San Diego Gas & Electric Company. said city is hereby granted • :its successors and assignee Section 3:.' Said franchise shall be indeterminate, that is to say; said franchise shall. endure in full force and.. effect until the same. 114wilth the consent of the Publao Utilities Commission of the State �f California, or until the. state e voluntarily surrendered or some municipal or,publie corporation thereunto :duly authorized by .condemn ,and take under shall purchase by voluntary -agreement or shall the power of eminent domain, :all property 'actu- .Purchasing or condemning ally used and useful . in the exercise of :':saidfranchise and situate in, t<he :territorial limits of the state, municipal or public.:oorporetion such property, or until said franchise shall,..: be forfeited for non-compliance with itsterms bythe grantee. Section; :germ thereof pay to The grantee of said city two per cent of the :gross, annual ,receipts of said grantee arising from the use, operation :o .possession ofsaid 'franchise.' provided; however, that such::peyment shall in no event be or abandoned by the grantee, said franchise shall during''the 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, `within three months' after the expiration of the calendar year, -or frac-;, lendar year, following the date of the t.ional ca granting hereof, and within three months after the expiration of . each and every calendar year thereafter, a: duiy.:"verified, statement :showing in detail the:total `gross' receipts of such grantee during the preceding calendar year,or such'. fractional calendar .year, from the sale of electricity within' said city.. Such grantee shall pay to said city within fifteen days after . the time. for filing such statement, ; in lawful money of . the United States, >the .. aforesaid percentage of its gross receipts for such calendar'. year, .„. . ...„ • payment to...be....bade...Within•"thirty; days after the elty ha11 haVe:, fur- such fractionalcalendar year, covered_ by such statement . Any neglett • .. • . .• .,•"„.•;-" • omission or refusal by said grantee to file- such verified. statement,-' • fe.,. • ' • ,• , • or to pay said •percentage at the time and :inthe manner specified, . . . shall be grounds for• :the. declaration of a forfeiture of this franchi.Se and. of all r5.ghts of grantee hereunder.. Section 6. Said. franchise is granted. under the Franchise Act . . Section 7. This ordinance shall become effective thirty days •- .• ' after its final passage unless :SuSpend.ed. :by a referendum: petition filed. as. provided Iaw. • E - : „•-• * , • Section • ,The' grantee of said fre.nchise.: Shall 1")ay .t o• ,the City a sum of money sufficient ;reimburse At for all publication eX7 • penSes inourred by. 'it in connection wth the granting' thereof, such• i• nished * •••• such grantee with. 4:•written statement Of such expenpes: - . 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 Ci.ty Clerk shall cause this ordinance to be published onee Within fifteen (15) days after its passage,. in the Carlsbad Journal' , a newspaper of general circulation PUbl.iShed • and .circulated. in. First read. at • .regular meeting-: of the City Counci]. of said '• • • • . • ,• • .-.• ..•.• " •-• :• eity heldon 'the •21st --day of; • .•'-• adopted and .--Ordered...' publi Shed . •at;,.a. r.egular reting.,"CilVs.aid. '•••••- • Counoil-.`held. • on the 5th day... of May . 1953": • ' ''Swirthe 'following vote. . ES. Couneilthen GrOber,dastoreria,,:-Acting Mayor Ede -..2f • • -:: : Councilmen • Sutton,Mayor McClellan- , Acting .Mayor of the City of Garls13ad. . . Garlsbad. , , , • • ,