ORDINANCE NO. 684
AN ORDINANCE OF THE COUNTY OF RIVERSIDE
GRANTING TO SOUTHERN CALIFORNIA EDISON COMPANY,
ITS SUCCESSORS AND ASSIGNS, A FRANCHISE TO USE,
AND TO CONSTRUCT AND USE, POLES, WIRES, CONDUITS,
AND APPURTENANCES FOR TRANSMITTING AND
DISTRIBUTING ELECTRICITY FOR ALL PURPOSES, UNDER,
ALONG, ACROSS, AND UPON THE PUBLIC STREETS, WAYS,
ALLEYS, AND PLACES WITHIN THE COUNTY OF RIVERSIDE
The Board of Supervisors of the
County of Riverside Ordains as Follows:
Section 1. As used in this
ordinance, the following words and phrases shall have the following meanings,
unless the context in which they are used shall clearly import a different
meaning:
a. The word "Grantee" shall mean
the corporation to which the franchise described in this ordinance is granted
and its lawful successors or assigns;
b. The phrase "public streets, ways,
alleys, and places" shall mean county highways as defined in Streets and
Highways Code section 941 and rights-of-way dedicated to and accepted by the
County for road purposes as the same now or may hereafter exist within the
County;
c. The phrase "poles, wires,
conduits, and appurtenances" shall mean 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 under, along, across, and upon public
streets, ways, alleys, and places within the County, and used or useful,
directly or indirectly, for the purpose of transmitting or distributing
electricity;
d. The phrase "construct and
use" shall mean to lay, construct, excavate, erect, install, operate,
maintain, use, repair, replace, relocate, or remove;
e. The word "franchise" shall
mean and include any authorization granted hereunder to use, and to construct
and use, electric transmission and distribution facilities, including
communication circuits, for transmitting and distributing electricity for all
purposes, under, along, across, and upon the public streets, ways, alleys, and
places within the County;
f. The word "County" shall mean
the County of Riverside of the State of California, in its present incorporated
form or in any later reorganized, consolidated, enlarged or reincorporated
form.
Section 2. Pursuant to and in
accordance with the provisions of the Franchise Act of 1937, the County hereby
grants to Southern California Edison Company, its successors and assigns, a
franchise to use, and to construct and use, poles, wires, conduits, and
appurtenances, including
communication circuits necessary or proper therefor, for transmitting and
distributing electricity for all purposes, under, along, across, and upon the
public streets, ways, alleys, and places within the County.
Section 3. This franchise shall be
for a definite term of fifty (50) years from the effective date of this
ordinance and shall endure in full force and effect during such term unless,
with the consent of the Public Utilities Commission of the State of California,
this franchise shall be voluntarily surrendered or abandoned by the Grantee, or
unless the State or some municipal or public corporation 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 this franchise
and situated within the territorial limits of the State, municipal, or public
corporation purchasing or condemning such property, or unless this franchise
shall be forfeited for noncompliance with its terms by the Grantee.
Section 4. The Grantee shall have
the following duties and liabilities during the life of this franchise:
a. The Grantee shall pay to the County the
sum provided by law, which is presently two percent (2%) of the Grantee's gross
annual receipts arising from the use, operation, or possession of this
franchise; except that such payment shall in no event be less than one percent
(1%) of the Grantee's gross annual receipts derived from the sale of
electricity within the unincorporated area of the County;
b. The Grantee shall file with the Clerk
of the Board of Supervisors of the County, within three (3) months after the
expiration of the calendar year, or fractional calendar year, following the
date of the granting of this franchise and within three (3) 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 fractional calendar year, from the sale of electricity within
the unincorporated area of the County;
c. The Grantee shall pay to the County
within fifteen (15) days after the time for filing its verified statement of
gross receipts, in lawful money of the United States, the percentage specified
in Section 4.a. above 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
hereunder;
d. The Grantee shall pay to the County a
sum of money sufficient to reimburse it for all publication expenses incurred
by it in connection with the granting of this franchise; such payment to be
made within thirty (30) days after the County furnishes the Grantee with a
written statement of such expenses;
e. The Grantee shall construct, install,
and maintain all poles, wires, conduits, and appurtenances in accordance and in
conformity with all of the ordinances and rules adopted by the Board of
Supervisors of the County 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;
f. The Grantee shall pay to the County on
demand the cost of all repairs to public property made necessary by any of the
operations of the Grantee under this franchise;
g. The Grantee shall remove or relocate
without expense to the County any facilities installed, used, and maintained
under this 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 County;
h. The Grantee shall file with the Board
of Supervisors of the County within thirty (30) days after any sale, transfer,
assignment, or lease of this franchise or any part hereof, or any of the rights
or privileges granted hereby, written evidence of the transaction certified to
by the Grantee or its duly authorized officers;
i. The Grantee shall defend, indemnify
and hold harmless the County and its officers from all liability for damages
proximately resulting from any operations under this franchise. The Grantee
shall also defend, indemnify and hold harmless, the County and its officers
from any claim, action or proceeding against the County or its officers to
attack, set aside, void, or annul the County's approval of this ordinance;
j. The Grantee shall be liable to the
County for all damages proximately resulting from the failure of the Grantee
well and faithfully to observe and perform any provision of this franchise.
Section 5. Whenever any portion of
the territory covered by this franchise shall be annexed to, or otherwise
become a part of any municipal corporation, or of any other County, the rights
reserved under this franchise to the County or any officer thereof, shall inure
to the benefit of such municipal corporation or County, and its appropriate
officers.
Section 6. This franchise does not
in any way impair or affect the right of the County to acquire the property of
the Grantee by purchase or condemnation, and nothing in this franchise shall be
construed to contract away, modify or abridge either for a term or in
perpetuity, the County's right of eminent domain in respect to the Grantee or
any other public utility.
Section 7. This franchise does not
in any way relieve the Grantee of its obligation to secure an encroachment
permit or permits pursuant to and in accordance with Ordinance No. 499, as it
now exists, or as it may from time to time be amended.
Section 8. This franchise shall
never be given any value before any court or other public authority in any
proceeding of any character in excess of the cost to the Grantee of the
necessary publication and any other sum paid by it to the County herefor at the
time of acquisition.
Section 9. The County, by its Board
of Supervisors, may declare this franchise forfeited, if the Grantee fails,
neglects or refuses to comply with any of the provisions or conditions of this
franchise, and does not within ten (10) days after written demand for
compliance begin the work of compliance, or after such beginning does not
prosecute the work with due diligence to completion.
Section 10. The County may sue in its
own name for the forfeiture of this franchise, in the event of noncompliance
with any of the provisions or conditions hereof by the Grantee.
Section 11. This franchise shall not
become effective unless the Grantee files written acceptance hereof with the
Clerk of the Board of Supervisors of the County within thirty (30) days after
the adoption of this ordinance. Such written acceptance shall constitute a
continuing agreement by the Grantee that if and when the County later annexes,
or consolidates with, additional territory, all franchises, rights and
privileges owned by the Grantee therein shall be deemed abandoned within the
limits of the additional territory.
Section 12. This ordinance and the
various parts, sections and clauses thereof are hereby declared to be
severable. If any part, sentence, paragraph, section or clause is adjudged
unconstitutional or invalid, the remainder of this ordinance shall not be
affected thereby. If any part, sentence, paragraph, section or clause of this
ordinance, or its application to any person or entity is adjudged
unconstitutional or invalid, such unconstitutionality or invalidity shall
affect only such part, sentence, paragraph, section or clause of this
ordinance, or person or entity; and shall not affect or impair any of the
remaining provisions, parts, sentences, paragraphs, sections or clauses of this
ordinance, or its application to other persons or entities. The Board of
Supervisors hereby declares that this ordinance would have been adopted had
such unconstitutional or invalid part, sentence, paragraph, section or clause
of this ordinance not been included herein; or had such person or entity been
expressly exempted from the application of this ordinance.
Section 13. Ordinance No. 259 is
hereby repealed.
Section 14. This ordinance shall
take effect thirty (30) days after its adoption.
Section 15. Notwithstanding Sections
13. and 14. above, Ordinance No. 259 shall not be repealed and this
ordinance shall not take effect unless the Grantee accepts this franchise as
prescribed in Section 11. above.
ADOPTED: 10-17-89 (Eff.: 11-16-89)