Loading...
137L �:8eekrw,+ Y 1y __ T 1} dQ sa as�al am d ar{ BY 4 ) r t> f / l � ; i c ✓ ' r * I - Ordinance No. 137• tricity bearing wires now in said streets and highways, Section 4. Nothing in this ordinance shall be construed as in any way to prevent the proper authorities of said City of Anaheim A N ORDINANCE granting to the Santa Ana L1 Gas and Electric company an the ri ht to p Y g from sewering, grading, paving, repairing or altering aay of said streets or highways. 'fhe place and maintain polea, wires and other conductors for the transmission of electricity u Y upon rights of use herein given shall not be exclu- sive and the Board of Trustees of the City of Anaheim, reserves the power to l ) \ certain places, streets and highways within the City of Anaheim. grant alike right of way to any other person or company, WHEREAS, By the terms of Ordinance No. 129, the same however not to interfere with the reasonable and proper exercise of the privi- of the City of Anaheim, adopted and passed by leges herein granted. its Board of Trustees on the 27th day of Febru- ary, 1900, there was granted unto the Santa Gas Section 5, In consideration of the rights herein granted, the said City of Anaheim shall and Electric company the special privilege for have the right to suspend and maintain upon S period of twenty-three months and twenty- nine days to place, erect, maintain the poles placed by said grantee, its successors or assigns, in the streets and public highways and ope- rate ipoii certain streets within the City of aforesaid any and all wires which said cit, X Anaheim, as described and named in said may require for fire alarm, electric light and ordinance, poles, wires and other conductors for the transmission of electricity; and, police telegraph service; and said ggrantee, its successors and assigns, shall and will furnish Whereas, Since said Ordinance was adopted, for the said City of Anaheim the use of its said grantee has erected upon the streets named poles for the attachment thereto of its / in said Ordinance a pole and wire electric fire alarm boxes, and its said wires without transmission line, and the same is now in operation; and, any charge to said City of Anaheim; said city lines shall be located at points selected by the whereas, The City of Anaheim owns and electrical engineer of said grantee or its as. i, controls its own electric lighting plant, but is not furnishing electricity for heat or power; signs. Section 6• No percentage shall be paid to the and, City of Anaheim by said grantee or assigns for Whereas, Said g.•antee is desirous that its said privilege shall become a franchise of long- the first five years after the date of this fran- chise, but thereafter said grantee or assigns er duration, and be so extended that it will be shall pay annually to the City of Anaheim two authorized to use streets and public placesof the City of Anaheim, as in this ordinance men- per cent per annum of the gross annual re - ceipts arising from the use, operation or pos- tioned, for the purpose of erecting, maintain- session of said franchise; ing and Operating poles and wire lines for the The above mentioned gross annual re- transmission of electric current for heat and pow as well as for the transmission author- Celpt6 Upon Which percentage shall be ized in said ordinance 129; based, shall be the gross annual receipts Now, therefore, The Board of Trustees of the received by said grantee or assigns lot, City of Anaheim do ordain as follows: Section 1. The Hoard of Trustees of the City furnishing or delivering eleetrieity Within " of Anaheim, hereby grants to the Santa An tt the corporate limits of the City Gas and Electric company to corporation in- corporated and organizer) under the laws of Anaheim, for power, heat or other of the State of California. and having its principal place of business in the City of Santa Ana. Cal - purposes; provided however, that should the City of Anaheim purchase ifornia), and its assigns, the right for period Of fifty years from the adoption of this electricity from Said grantee or assigns ordi- nanee to place, erect, maintain and operate within said City of Anaheim, its for power, heat, lighting Or other per- hose that the amount so paid by the "f _ main line of poles, wires and other conductors for the City of Anaheim shall not be considered x transmission of electricity through said city on the following streets and highways in saidCity as a part of Such gross annual receipts. of Anaheim: After Live V'care ICunl the date Of thin On Palm street, from the north line of North street to thesouth line of Santa Ana street; tranchise said grantee or assigns shall deliver to the Board Trustees On Santa Ana street from theeastsideof Palm of of the ` street to the east line of Los Angeles street; Cit) of At�ahettu an itemized annual On Los Angeles street, from the north ]ins of Santa Ana street to the south boundary Statement of the gross receipts Of said line of the corporate limits of the said Cityof Anaheim Santa Ana (qua and Electric company as ; Also the right general y during said period Herein provided for the preceding year; y. _ of fifty years to place, erect, maintain and ope- rate upon the public streets, alleys upoti the receipt of Such itemized state- t; �' and places ii i thi dt•a,.aaheim, butonlyupon meat the City of Anaheitn may appoint and subject to t e conditions hereinxtter named, poles, wires and other conductoistor an expert accountant to verifv Said Statement,aitd said expert shall have r t' the transmission of electricity for the creation of power and hent, but not for the delivery of access to all books of said grantee or ti x� tricy for light or illumination within said City ..f Anaheim; assigns that may be necessary for the N The conditions above referred to in this sec- tion purpose Of verifying said Statement.�4 Section 7. should . are: That neither the grantee nor its assigns shall raid grantee, its successors Or assigns fail, •neglect, or re - be entitled to erect any of such poles or wire ch lines within said city for the Rise to com IV with atiy s COMPIV {iruvL ion con- purpose of de- electricityfor use within rained in this ordinance, then in that - said city for the purpose Of ore- event all the rights and privileges gr, nt- Sting power or heat until. the Board of Trustees of the City of Anaheim, or other governing ed to said grantee, its successors Or as- body thereof, shall have designated the streets, signs, shall be forfeited, slid this grant- t alleys or public places along which or upon which said lines shall be erected. shall be null and void. section S. That 1 The rights and privileges herein granted, shall be upon the terms and conditions herein- within thirty dans after the passage of this ordinance Said after contained. Section 2. Such wires Or other conductors grantee or assigns shall file with the City Clerk a written acceptance of this f shall be strung upon poles or other fixtures above ground, in a workmanlike and ordinance -and all Of its terms conditions, ` proper manner; said poles shall be round, strairht and ptinted it uniform color, they provisions and regtii-ements. t shall be im- bedded firmly fu the earth on the et ge of the vection 9. The City Clerk shall cer- tify to the passage of this ordinance and Sidewalks in said city, in a good and substan tial manner, and kept andmaintained in an cause the same to be published once in erect and upright position; The Board of Trustees of theCftyof Anaheim, the Orange County Plain Dealer, a shall have the right to cause said grantee or assigns to move the location of weekly newspaper, printed, published and circulated in the City of Anaheim. ` any pole whenever said 3oard of Trustees shall deter- Section 10. This ordinance shall take mine that the public eonvenfenceshall require the location of the same elsewhere,the effect and be in force from and after its ': ex- pease of such removal to be paid by said Passage, publication and the filing by `.. grantee; All poles, wires and conductors, .or any change in the location or extension thereo>1 said grantee or assigns of an uncondf- tional acceptance thereof in the office of 1 _ shall be unuer the direction of the Superin- tendent of Streets of the City of Anaheim; All electric transmission the Clerk of the City of Anaheim. JOSEPH f IELNISEN, s wires to be strung on said polesshall be strung thereon not less President of the Board of Trustees of than twenty-five feet above the street surface the City of Anaheim. for all main transmission wires, and not less than twenty feet above the street surface for E - a those of its distributing wires within the cit excepting at places of connection with I hereby Certify that the foregoing , A the clings supplied with electricity fh buildfor or ordinance Hues introduced at a meetin ... •t..• u,.. -_a •, g ` Ms nine days to place, erect, maintain and ope- or assigns, in the streets and public highways aforesaid any and all wires which said eit� rate upon certain streets within the City of Anaheim, as described and named in said may require for fire alarm, electric light and ordinance, poles, wires and other conductors police telegraph service; and said grantee, its successors and assigns, shall and will furnish for the transmission of electricity; and, Whereas, Since said Ordinance was adopted, for the said City of Anaheim the use of its said grantee has erected upon the streets named poles for the attachment thereto of its fire alarm boxes. and itssaidwires without -_rin said Ordinance a pole and wire electric transmission line, and the same is now in any charge to said City of Anaheim; said city lines be located by the operation; and, shall at points selected electrical engineer of said grantee or its as- Whereas, The City of Anaheim owns and signs. controls its own electric lighting plant,but is not furnishing electricity for heat or powar; section fi. No percentage shall be paid tothe and, City of Anaheim by said grantee or assigns for the first five years after the date of this fran- chise, but thereafter said grantee or assigns said privilege shall become it franchise of long- er duration, and be so extended that it will be shall pay annually to the City of Anaheim two authorized to use streets and public places of per cent per annum of the gross annual re- ceipts arising from tine use, operation or pos- the City of Anaheim, as in this ordinance men- session of said franchise; - tioned, for the purpose of erecting, maintain- ing and operating poles and wire lines for the The above men:iuued gross annual re- transmission of electric current for heat and ceipts upon which percentage shall be power as well as for the transmission author- based, shall be the gross annual receipts ized in said ordinance 129; Now, therefore, The Board of Trustees of the received by said grantee or assigns tot' City of Anaheim do ordain as follows: furnishing or delivering electricity '�- Section 1. ""he hoard of Trustees of the City wjthin the CUrp01-ate Bill its of the City of Anaheim, hereby grants to thn e Santa Aa Gas and Electric; company la corporation in- of Anaheim, for power, heat or other corporated and organized under the laws of purposes ; provided however, that tlie StateofCalifornia.and having its principal ehuuld the CIC}' of Anaheim purchase - place of business in the City of Santa Ana. Ca- ifornia), a,nd its assigns, the right for a period electricity from said grantee or assigns of fifty years from the adoption of this ordi- for power-, heat, lighting or other pur- nanee to place, erect, maintain and operate pose that the amount so paid by the within said Cityof Anaheim, its main line of poles, wires and other conductors for the City of Anaheim shall not be considered transmission of electricity through said cite on as a part of such gross annual receipts. the following streets and highways in said City After five years from the date of this of Anaheim: ou Palm street, from the north line of Not - tr'anchise said grantee or assigns shall street to thesouth line ofSanta Ana street; deliver to the Board of Trustees of the Oil Santa Ana street from the east side of' Palin City of Anaheim all itemized annual street to the east tine of Los ,lugeles street; On Los Angeles street, from the north )ine of statement of the gloss receipts of said Santa Ana street to the south boundary line of �4allta Alla (,las and Eleenic company as thecorporate IiinitsoftItesaidt'ityofAnahciin; herein provided fur the preceding year; - Also the right general y during said period of fifty years to place, erect, maintain and ope- upon [lie receipt nr such itemized state- rate upon the public streets, alleys and places utent the City of Anaheim may appoint within the said City of Anaheim,-butonly upon a.nd subject to tine conditions hereinafter all expert accountant to verify said named, poles, wires and other conductors for statement, and said expert shall have the transmission of eleetricity for the creation access to all books of said grantee or of power and heat, but not for the delivery of electricy for light or illumination within said ;isgtg,us that may be necessary for the City of Anaheim; put pose of verifying said statement. . The conditions above referred to in this sec- s�eetiou 7. thou Id said granter:, its tion are: Phxt neither the grantee nor its assigns shall successors or assigns fail, 'neglect, or re- of be entitled to erect any of such poles or wire fuse to comply with any provision Con- lines within said city for the purpose of de- twined in this ordinance, then in that livering electricity for use %%ithiu said city for file event all the rights and privileges gr nt _ purpose of cre- ating power or heat until the Board of Trustees ed to said grantee, its successors or as- of file Pity of Anaheim, or other governing signs, shall be forfeited, and this grant body thereof, shall have designated the streets, shall be null and void. alleys or public places along which or upon whit It said lines shall be erected. 'Section 8. That within thirty days The rights and privileges herein granted, atter the passage of this ordinance said _ shallbe upon the terms and conditions herein_ after contained. I untie or assigns shall file with the g g Section 2. Such wires or other conductors City Clei k a w'r'itten acceptance of this shall be strung upon poles or other fixtures ordinance-and all of its terms, conditions, Above ground, in it workmanlike and proper manner; said poles shall be round, straiOit provisions and requi"ements. and printed a uniform color, they shall be inn- section 9. The City Clerk shall Cer- bedded thinly in the earth on the e(ge of the tify to the passage of this ordinance and sidewalks in said city, in a good and substau cans,, the salve to be published once in tial manner, and kept and maintained in au the Orange CuUnt)' Plain Dealer, a erect and upright position; The Bo:trdoi'rrusteesof iheCitvof Anaheim, weekly newspaper, printed, published shall have the right to cause said grantee or all(] circulated in the Cita' of Anaheim. assigns to move the location of any pole whenever said i3oard of Trustees shall ' deter- Nectinn IU. This ordinance shall take mine that the nubile convenienceshallrequire effect and be in foree front and after its the location of the same elsewhere, the ex- passage, publication and the filitig by pease of such removal to be paid by said grantee; said grantee or assigns of an uncondi- All poles, wires and conductors, or any tional acceptance thereof in the office of change in the location or extension tliereof, the Clerk of the City of Anaheim. shall beunuer the direction of the Superin- JpSEYH IIELVI81? tendent of Streets of the City of Anahcinn; , All electric transmission wires to be strung President of the Board of Trustees of on said polesshall be strung thereon not less the City of Anaheim. than twenty-five feet above the street surface for all main transmission wires, and not less than twenty feet above the street surface for those of its distributing wires within the city, I hereby certify that the foregoing excepting at places of connection with the ordinance was introduced at a meeting buildings supplied with electricity for heat or „t the Board of Trustees of the Cit of 3 power. Section 3. The said grantee or assigns may Anaheim, he'd on the 14th day of May, make all necessary excavations in any of said 1901, that it was drily passed and adopt- _ streets and highways, for the purpose of erect- ing and maintaining said poles or other sup- ed at a re ular meetin of the Board of g g ports for said wires or conductors, or repairing Trustees of the City of Anaheim held the same, and said work shall be done in corn- on the 28th day of May, 1901, by the pliance with the rules, regulations, ordinances following vote : or orders, which may during the continuance of this franchise be adopted from time to time Ayes, Trustees Helmsen, Dickel, Wei- by the Board of Trustees of the City of Ana- sel, Fay, Schneider. That the President heim and the same shall be done to the satis- faction of the Board of Trustees of the City of of the Board of Trustees of the City of Anaheim; Anaheim shined the same on the 28th Said poles, wires and conductors shall be day of May, 1901. placed and maintained so as not to interfere with travel on said highways, or the proper EDWARD B. MERRITT, use ofsuch public places; Clerk of the City of Anaheim. The said grantee or its assigns, by the ac- ceptance hereof, agrees to indemnify and save harmless the City of Anaheim, and all of its officers, from all loss and damage, and protect them against all liability that may occur by reason of the erection, maintenance and opera- tion of said transmission line; Said line shall be so erected, maintained and operated so as not to interfere with other elec- Ordinance id,zrclb��r la 7 An Ordinance Grant-inrfl, Grant-into the Santa Ana Gas and Electric Cot_z- par.y the right to place and riaintain poles, wires and other con- doctors for the transmission of Me ctricity upon certain places, streets, an:� highways within the City of Anaheim. _____0 ----- , hereas, by the terms of Ordin nc e mx ib er I20, of' the City of Anaheim, adopted and passed by its I;oard of Tr,zstees on the 27th, day of February J000, there was granted unto the Santa Ana Gas :xnd Electric Company, the special pri.vilet e f'or a period of twenty three months and twerit y aine days to place, Erect, maintain. anti operate upon certain streets, wi.thix, the City of Anaheim, as de- scribed "In:l named in s:3i:l Ordinance, poles, wires and other con- ductors for the transrIzission of electricity; and, 1.711eY'Cd5, inC E'said r Ordinance was ladopted, said grantee has erected ,noon the streets named in said Ordinance, a pole and wire electric tr"UIsmission ling:, and the s�jine is now in operation, and 17hereas, the City of Anaheim, owns and controls its own elec- tric lighting plant, but is not furriisi ink electricity for heat or powor; and, Whereas, said t-;rantee is desirour, that its said privilege 31 --all became a franchise of lonf,,er duv-ation, and be so extended that it will be authorize.l to use streets and public places of the City of Anaheim, as in this ordinance mentioned, for the parpose of erecting, maintaining and operating poles and wire lines for the transr_iission of electric c,irrent for heat and power as well as .for the transmission authorized in said Ordinance 129; Now, therefore, The Board of' Trust,,,es of tf-�e City of Anaheim do Ordain as follo,vs; -- Section I. --Th(: 1,33oaml of Truste r of t+ye City of Anaheim, hereby er::nts to the Santa Ana Gas arld I,lectric Corzlpa.ny(a corpro- atio,-, incorporated and orl-anize-i ',I—r d :r the iarrs of the State of, California, and ha.vine its principal 11-- e of business in the City of Santa Ana, California), and its assigns, the right for a period of fifty years from the adoption of this ordinance to place, erect maintain and operate within said City of Anaheim, its main line of PV.L', "rOL; arld other coriductors for tl-io transriussion of-Iectric- ity throe :,h said City on the following streets and higril-rays in said City of Anaheim: On Palm street, from the north lin, of North street to'the south line of Sarlta Ana street; On Sa,ta Ana street froiri the east side of Palm street to. the east line of Los Angeles street; On Los AnuAles street, from the north line of Nanta Ana street to the south boundary line of the corporate lir;lits of the said City of Anaheim; Also the right generally dirrinr, said period of fifty years to place erect, maintain and operate upon the public streets, alleys -and placas within the said City of Anaheim, but only upon and subject to the conditions hereinafter named, poles, wires and other conductors for t -,e transrrrission oi' electricity for the mxgRkiMRx creation of parer and heat, but not for the delivery of electricity for light or illur; ination within said City of Anaheim; The conditions Rbove referred to in this section are.' -- That neither the grantee nor its assi{;ns shall be entitled to erect any of such robs or `xrire lines within said City for the pvir`rose of deiive_ring electricity for izse within sail City for the purpose of creating poorer or -feat until the Board of Trustees of s •r the City of Anaheiril,or other governi_ZE, body thereof', shall have.: desi{na te:l the strf,ets, alleys or 1r xblic places along which or- F erect any of si-tei-i poles or wire lines within -said city for the of de_'Liverinc�; ,,,iecIricity :'or ,is- vvitlin sail Gity for the purposue of cre-,Lting- power or -;-.,eat ivntil lioa-d of' Tr,,i;Iuees of the City of Anal oiui,or other EuverninE, body they of', shall have desij-I,na7-ta,.-I the streets, alloys or jr.-biic places a-Loni.- (,r upon which said lin--s shall be erected. CF�t� r i <. n x f" ; -' ci s fes. ,... , .�.1 a •L _`�. -:7 E., ' , A F., Y'l��Git..� :at7d �)r1V11. ��,t;s t ort:s and coedit ions dere-inaft er contained; Section 2. --Such wires or other conductors ,ball be str�zng u}7oxr. poles or other fixtures above [,relined, in a t�iorkmanlike and proper manner; said poles shall be round, straight and painted a uniform color, they shall be embedded firmly in the earth on the edge of the sidewalks in said city, in a good and substantial mamtir manner and kept and maintained in an erect and upright position; ti The Board of Trustees of til+., City of Ana eim, shall have the right to cause said grantee or assigns to move the location of any j pole whenever said hoard of Trustees' sh_i11 determine that the public convenience shall re(Iiiire thv location of the Barrie else -where, the expense of s,zch removal to be paid by said grantee; All poles wires and conductors or any change in the location or extension thereof, ,_hall be under the direction of the Superin- : endent of Streets of the City of Anaheim; All electric transmission wires to be, strlulg; on said poles shall by strungstrng thereon not less than twenty five feet above the street surface for all main tran.srrission wires, and not less than twenty feet above the Street for triose: of its distributing vaires within the city, excerpting at places of connection ,°pith the buildings s,_lpplied �ritYr b� iZx��x �c tgt electricity for heat or power; Section 3.-- The said grantee or assigns may make all neces- sary excavations in any of said :streets and Yiighways, for the aintai.ning said poles or other' supports purpose of' erecting and r: f'or said wires or conductors, ,or repl=iring the same, and said Work sY}11 be :iane in cop i�lisne with thewrUles, rOb-ulations, ordinances or orders, rhicY� rxray during tYje continuance of this franchise be adopted Prop,: time to time by the Bo__ of Trustees of the City of An neiml and tno same srl.ali bF,, :[one tO the satisfaction of the Board of 'Trustees of t.:; City of Anaheim; Said poles, wires anal conductors shall be placed and r'llaint' in- ed so as not to intervere Frith travel on said hi, h}gays; he said grantee or its assigns, by the acceptance hereof, agrees to indemnify and save; harn;:iless the City of Anaheim, and all C)f its o1'j'icHrs i'rarrs aJ-.t loss and darnaE;e, and patct the1€:m a�?a]nst all liability that may occur by reason of the erection,mainta.inance; and op oration of said transr.:i scion line; Said line s call be so erected, maintained and operated so as not to interf'ere with other electricity bearing wires now in said streets and hithGarays; Section 4.--Swotrlint in this ordinance small be constrnzed as in any way to prevent the propiar authorities of said city of Ana- Fieirn from seNr ring, gradin;, paving, repairing or altering any of said streets or highWays; The rights of use herein given shall not be exclusive and tree =3oara of Trustees of' tY�e City of Anaheim, reserves the power to £;rant a like right of way to any other per- .�ar,ie However not to interfere can or car!i�any, the �'r however A �' ?.aittil the .reason- able and proper exercise of tY.e privileges In-orein granted; Section 5. ---In consideration of the rights herein granted, ti -:e said City of Anaheim shawl have the ri{ht to suspend and rIlain- tain upon the poles placed by said grantee, its saecessors or assigns, in the streets and public pc3mmar highways aforesaid any an.i all mires which sa-Ld city r-II4y req,,Aire for fire alarm, electric light and police telegraph service; and said grantee, its success-- V ors and assigns shall �.n i will furnish for the said city of Anaheim the use of its boles for t -he attachinent thereto of its fire alarm, boxes, and its said wires without any charEe to said City of_ Ana- heim; said city liner shall be located at points selected by the electrical en{,iner.r of said grantee or its assiLns; �, � ordinance said rantee or as ,iEns :>hail file viith the City Clerk a �vri sten acce )tance of tijis ordinance and all of its terms, con- ciitions, provisions and regzairements; • Section -The City Clerk sil tll certify to the passaj;e of this ordinance and ca-.zs..e the same to be published once in the ,tea weekly newspaper, printed, published and circu- lated in the City of Anaheim; Suction :IO. --This ordinance shall take effect, and be in force from and after its passaEe, publication and the filinf by said �runtee or as >i,�-,ns of an unconditional <�cceptancG- tijerf-aof in tlja off°ico of t io Clerk of the City of Ana."'.61irn. - �-r�t — — — — —— -- — — —— resthe Board of Trustees of the City of Ananeim. r. hereby certify tilat the fore ;ging ordinance was introduced at a meeting of th � Jac>ar1 of Trustees of the City of Anaheim, held on the /q -day of — ".c._.o.,.-1 — — IU'OI, that it was duly passed and adopted at a reULilar meeetinTt-, of the Board of Trastees of the City of Anaheim held on the day of — — — — I9oI, by the following vote:-- Ayes, ote:-- A,yes, Trustees, '�-----`�-----------— — — — — — — That the 'resident of the Roarer o i' Trustees of the City of Anaheim, sit;nac.i the same on the 2-8' day of Clerk of'—the—City of Anaheim. — —