ORDINANCE 30ORDINI NCE NO. vim'
AN ORDINANCE GRAIT INu TO SOUTHERN CALIVORNIA
EDISON CO., A COiTORATIOIT, A FRA14TCHISE OF THE
RIGHT, FOR A PERIOD OF FORTY YEAnS r'ROT,, THE
GRANTING THEREOF, TO ERECT, LAY, CONSTRUCT AND
MAINTAIN POLES, CROWS AICKS, CONDUITS, CABLES,
tbIF.ES AND OTHEIH APPLIANCES, EXCEPT AS HEREIN
OTHERWISE PROVIDED, OVER, IN, ALONG AND ACROSS
THE PUBLIC HIGHWAYS, STREETS, ALLEYS AND PUBLIC
PLACES NOW EXISTING On `,71J::H 11r,Y EXIST DURING
SAID PERIOD OF iORTY YEARS ;VITHIN THE PRESENT
OR FUTURE LIMITS OF THE CITY OF EL SEGUNDO,
CALIFORNIA, AND TO USE,AND OPERATE SUCH POLES,
CROSS ARMS, CONDUITS, CABLES, WIRES AND OTHER
APPLIANCES FOR TRANS11ITTING AND DISTRIBUTING
ELECTRICAL EIMRGY TO BE USED POR ANY A'D ALL
PURPOSES.
WHEREAS, on the �_A day of
1917, Southern California Edison Co., a corporation or-
ganized and existing under the laws of the State of Calif-
ornia, filed with the Board of Trustees of the City of El
Segundo, California, an application in writing, requesting
the said Board of Trustees to advertise for sale and sell
the franchise hereinafter set forth; and,
i9HHEIMLS, said Board of Trustees, by resolution duly
passed and adopted at a meeting; of said Board of Trustees
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held on the day of t �..p� -� 1917,
resolved to grant said franchise for the term of
forty years upon the terms and conditions and re-
strictions imposed and required by law and by the
said resolution so passed as aforesaid; and,
MMREAS, said Board of Trustees further
resolved that sealed bids for said franchise be re-
ceived by said Board of Trustees up to the hour of
8 o'clock p.m. on the 2nd day of January, 1918, and
that said bids be opened at said last mentioned time
and date and that said franchise be thereupon struck
off, sold and awarded to the person, firm or corjora-
tion making the highest cash bid therefor in the man-
ner Irovided by law, and at said meeting said Board
of Trustees did by resolution prescribe and fix the
sum of Five Hundred ($500.00) Dollars to be the penal
sum or amount of the bond required by law to be filed
by the successful bidder for said franchise; and,
IEREAS, said Board of Trustees did, by the
aforesaid resolution, authorize and direct the City
Clerk of said City of E1 Segundo, for and on behalf
of said Board of Trustees, to advertise and post in
the manner and for the period required by law, state-
ments of all the aforesaid facts and matters, to-
gether with statements of all other facts and matters
in connection with the granting of said franchise, as
required by yaw to be advertised, published and post-
ed; and ,
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3MRRAS, it appears to this Board of Trustees,
by affidavits of publication on file with this Board,
that, in pursuance of said order of said Board of
Trustees, said City Clerk did, as required by law, ad-
vertise, publish and post statements of all the afore-
said facts and matters, together with statements of all
other facts and matters in connection with the granting
of said franchise, said advertisement, publication and
posting being made for and during the time and in all
respects in the manner required by law, and said pub-
lication and posting being completed not less than 20
days, nor more than 30 days, before any further action
on said franchise was taken by the said Board of
trustees; and,
I
AREAS, thereafter such action was taken by
said Board of Trustees upon said application of Southern
California Edison Co. in accordance with the law in such
case made and provided; and on the _Z day of
1918, after due notice given as pro-
vided by lab in every particular as above set forth,
said franchise was by resolution duly adopted by said
Board of Trustees at a meeting held by said Board of
Trustees on the 2 day of 1918,
duly struck off, sold and a arded b eeai Board of
Trustees to said Southern California Edison Co., its
successors and assigns, as the highest bidder here -
for , for the sum of —
Do liar a ( Z S"O.O ) in United States gold coin;
and ,
MREAS, said Southern California Edison Co,
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has deposited with the City Clerk of said City of E1
Segundo, in the manner and in the time required by
law the full amount of said bid of
-�-u�� Dollars
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in gold coin of the United States; and,
WHEREAS, said Southern California Edison Co.
did, after said franchise was so struck off, sold and
awarded to it, and within fire days thereafter, file
with said Board of Trustees a bond running to said
City of El Segundo in'the renal sum of Fire Hundred
(0500.00) Dollars, being the amount heretofore fixed
by said Board of Trustees as the penal sun of said
bond, which said bond was a good and sufficient bond
and was in all respects as required by law, and was
thereon and heretofore and is hereby duly approved by
said Board of Trustees;
NOW, THEREFORE, The Board of Trustees of the
City of El Segundo do ordain as follows:
SECTION 1. That there be, and there is
hereby, granted to Southern California Edison Co.,
a corporation organized and existing under the laws
of the State of California, its successors and assigns,
a franchise of the right for the period of forty years
from the granting of said franchise to erect, lay,
construct and maintain poles, arose arms, conduits,
cables, wires and other appliahces under, over, in,
along and across the public highways, streets, alleys
and public places now existing or which may exist dur-
ing said period of forty years within the present or
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future limits of said City of El Segundo, and to
use and operate said poles, cross arms, conduits,
cables, wires and other appliances for transmitting
and distributing electrical energy to be used for
any and all purposes.
SECTION 2. Said Southern California Edison
Co., its successors and assigns, are hereby granted
the above -named franchise for the term of forty years
from and after the date when this ordinance takes ef-
feot.
SECTION 3. That said franchise, right,
privilege and permission is granted to said Southern
California Edison Co., its successors and assigns,
upon the following terms and conditions, viz:
(a) That such poles , cross -arms, conduits,
cables, wires and other appliances be erected, con-
structed, laid, maintained and operated in accordance
with such previsions of the statutes of the State of
California and ordinances of the City of El Segundo
as may be applicable thereto. That the grantee of
said franchise, his or its successors or assigns,
shall, within four months from the date of granting
such franchise, commence in good faith the work of
erecting said poles, cross -arms, conduits, cables,
wires and other appliances, and small thereafter pro-
secute such work diligently and in good faith so as
to meet End fill the reasonable needs of the inhabi-
tants of the City of El Segundo. That if the work
hereinafter described is not commenced as herein pro-
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vided said franchise shall be declared forfeited.
(b) That the grantee of said franchise,
his or its succcessors or assigns, shall during the
life of said franchise pay to the City of E1 Segundo
in lawful money of the United States of America two
per cent (2%) of the gross annual receipts of such
grantee, his or its successors or assigns, arising
from the use , operation or possession of said
franchise; provided, however, that no percentage
shall be paid for the first five (5) years suc-
ceeding the date of said franchise, but thereafter
such percentage shall be payable annually, and said
franchise shall be forfeited by failure to make the
payments provided for; and herein it shall be the
duty of the grantee of said franchise, his or its
successors or assigns, to file with the Clerk of the
Board of Trustees of the City of El Segundo, within
thirty (30) days after the exl.iration of six (6)
years from the date of the granting of said fran-
chise, and within thirty (30) days after the expir-
ation of each and every succeeding year, a statement,
verified by the oath of said grantee, his or its
successors or assigns, or by the oath of the manager
or an officer of said grantee, his or its successors
or assigns, showing the total gross receipts and
gross earnings collected or received or in any man-
ner gained or derived by said grantee, his or its
successors or assigns, during the preceding twelve
(12) months, arising from the use, operation or pos-
session of said franchise, and within ten (10) days
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after the date of filing the aforesaid statement it
shall be the duty of said grantee, his or its suc-
cessors or assigns, to pal to the treasurer of the
City of El Segundo the aggregate sum of said per-
centage upon the amount of the gross annual re-
ceipts arising from the use, operation or possession
of said franchise, determined and computed in the man-
ner hereinafter provided. To enable said Board of
Trustees to ascertain the true amount payable, said
Board, or any duly authorized agent of said Board,
shall at any reasonable time or times have access
to all books, accounts and records of said grantee,
his or its successors or assigns, which may be mat-
erial to said matter, and any neglect, omission or
refusal by said grantee, his or its successors or
assigns, to file said verified statement, or to
permit said insl.ection or to pay the said percent-
age of the said gross annual receipts at the times
and in the manner hereinabove provided, shall IPSO
FACTO work a forfeiture of said franchise and of all
of the rights thereunder to the City of El Segundo.
(c) All persons residing along the lines
of the service lines of said grantee, his or its
successors or assigns, and within a reasonable ex-
tension thereof, shall be entitled to receive there-
from an adequate supply of electricity for domestic
or manufacturing use, or for both, and the grantee
of said franchise, his or its successors or assigns,
shall upon written request from any person residing
along the line of said services lines or within a
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reasonable extension thereof, and upon payment by
the applicant of all money due from him, at his, its
or their own cost, as provided by law, furnish to
such person, an adequate supply of such electricity
(electrical energy) for domestic or manufacturing
use, or for both.
That unless the Board of Trustees shall
o uherwise direct all overhead construction shall be
confined to the alleys of said City except where it
may be necessary for the same to cross any public
street or highway, and all underground construction
where the same may be reasonably required shall be
laid in parkways and alleys of said City, and shall,
when so necessary, be laid not less than two (2) feet
underground, and not less than tvio (2) feet below the
established grade of streets under which said lines
are laid, and unless the Board of Trustees shall other-
wise direct when it is necessary to lay the same in a
street or highway said line shall be laid along the
sides of the street or highway and shall be within
live (5) feet of the curb line upon the side of the
street along which said lines are constructed. Then -
ever it shall be necessary to lay said lines across
the surface of any macadamized or paved roadway the
same shall be done under special permit to be grant-
ed by the Board of Trustees and subject to their
directions upon application therefor, said alplica-
tion to be accompanied by a drawing, specifications
and explanations showing the necessity therefor.
<• y
That during the laying or repairing of any
such line, any trench or excavation made for such
purpose shall, at night time, from sunset to sunrise,
be barricaded and protected by lights placed at dis-
tances of not more than one hundred (100) feet apart
along such trench or excavation and also at all street
or alley intersections, sufficient to protect the pub-
lic.
(d) That all such lines shall be constructed
in accordance and conformity with all of the ordinances,
rules and regulations now in force or that may here-
after be adopted and prescribed by the Board of TrIstees
of said City, and the grantee, his or its successors or
assigns, before commencing any work of construction
hereunder, shall make application for and obtain any
permit then required by ordinance or general law then
in force.
That the work of constructing and repairing
such lines or appliances shall be conducted with the
least possible hindrance to the use of said streets
for the purpose of travel, and as soon as the con -
struotion or repairing of any lines or appliances
is completed all portions of the streets, alleys or
public places which have been excavated or otherwise
injured thereby shall be placed in as good condition
as the same were in before the construction or repair-
ing of such lines , and to the satisfaction of the
Street Superintendent of said City. That the grantee
of said franchise, his or its successors or assigns,
shall indemnify said City and the officers thereof
against and from all liability to any person or
WM
persons arising from damage or injury suffered by
any such person or persons by reason of any excava-
tion and other work being improperly guarded.
(e) That the City of E1 Se undo reserves
the right to change the grade of any street or por-
tion thereof over which said franchise shall be
granted, and the grantee of said franchise, his or
its successors or assigns, shall at once, at his or
its own cost and expense, change the location of
all lines and other appliances laid under said
franchise so as to conform to said change of grade
as hereinabove provided, without any recourse for
damages whatsoever against the City of El Segundo
on account thereof. That if any portion of any
of said streets shall be damaged by reason of any
cause arising from the operation or existence of
said lines, the grantee of said franchise., his or
its successors or assigns, shall, at his or its
own costs and expense, with all reasonable diligence,
repair any such damage, and put said street in as good
condition as before such cause of damage occurred, to
the satisfaction of the Street Superintendent of said
City.
(f) That if the grantee of said francihise,
his or its successors or assigns, shall fail to comply
with any of the written instructions of said Board of
Trustees, or the Street Superintendent of said city,
with respect to the location of any of said lines or
appliances, or any portion thereof, or the repair of
any damage to said streets or thoroughfares within
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ten (10) days after the service of written notice upon
said grantee, his or its successors or assigns, requir-
ing compliance t_ -ierewith, then said Board of Trustees,
or Street superintendent, may immediately do whatever
work is necessary to carry out said instructions, at
the cost and expense of said grantee, his or its suc-
cessors or assigns, which costs, by the acoeptance
cf said franchise , said grantee, his or its successors
or assigns, agrees to pay, upon demand.
(g) That the Railroad Commission of the State
of California, or
authority having
ed by the grantee
right to regulate
said grantee, his
electrical energy
the service lines
other legally constituted regulatory
jurisdiction over rates to be charg-
of said franchise shall have the
and fix the reasonable charges of
or its successors or assigns, for
furnished and distributed through
of said grantee.
(h) That said grantee, his or its successors
or assigns, shall not sell, transfer, assign or lease
said franchise or any part thereof, or any of the
rights or privileges granted thereby, except by a
duly executed instrument in writing, executed by
both assignor and assignee, filed in the office of
the City Clerk of said City, and in said instrument
said assignee shall ex],ressly accept and assume with
said assignor and in favor of said City, all of the
obligations contained in said franchise to be kept
j and performed by the grantee, and nothing in said
franchise contained shall be construed to grant
to said grantee, or his or its successors or as-
signs, any right to sell, transfer, assign or
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lease said franchise, or• any of the rights or
privileges thereby granted, except in the manner
aforesaid, nor in any manner in case of such as-
signment to relieve the assignor of any obligation
accrued or to accrue, and upon his or its part to
be performed under said franchise.
(i) That the granting of said franchise,
or any of the terms and conditions therein contained
shall not be construed to prevent the said City of
El Segundo from granting any franchise to any per-
son, firm or corporation other than said grantee,
for the same or similar purposes.
(j) That any neglect, failure or refusal
to o omply with any of the conditions of s ai d
franchise shall operate as a forfeiture thereof,
and the said City, by its Board of Trustees may
thereupon, after notice of at least ten (10) days
unto said grantee, and hearing had at the time
designated in such notice, declare said franchise
forfeited and may exclude said grantee, his or its
successors or assigns, frem further use of the said
streets and thoroughfares under said franchise, and
said grantee, or his or its successors Or assigns,
shall thereupon immediately surrender all rights
in and to the same, and said franchise shall be
deemed and shall remain null, void and of no ef-
fect.
SECTION 4. The City Clerk shall certify
to the passage of this ordinance, and shell cause
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the same to be published by one insertion in the E1
Segundo Herald, a weekly newspaper of general circulation
printed, published and circulated within the said City
and which is hereby designated for that purpose.
This Ordinance shall take effect thirty days
after the final passage thereof. r;
Passed and approved this day of
1918.
President of the Board
Trustees of the City of
E1 Segundo.
Attest:
City Clerk.
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES
CITY OF EL SEGUNDO )
I, Victor D. McCarthy, City Clerk of the City of
El Segundo, California, do hereby certify that the fore-
going Ordinance, being Ordinance No. oo , was passed
by the Board of Trustees of said City, signed by the
President of said Board, and attested by the City Clerk,
all at a regular meeting of said Board held on the � ..
day of 1919, and that the
same wa passed by the following vote:
AYES: TRUSTEES
NOES: TRUSTEES
ABSENT: TRUSTEES �TClit �G
I.�ia�. C
f
r City Clerk. \
m
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