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)