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HomeMy WebLinkAboutOrdinance 271 • • ORDINANCE NO. 271 ' AN , ORDINANCE GRANTING TO THE CALIFORNIA OREGON POWER COMPANY, A CALIFORNIA CORPORATION, ITS SUCCESSORS AND ASSIGNS, THE RIGHT; ' PRIVILEGE, AND FRANCHISE FOR THE PERIOD OF TWENTY YEARS TO . SUPPLY FOR. HIRE TO CONSUMERS IN AND THROUGHOUT THE CORPORATE LIMITS OF THE CITY OF CENTRAL POINT, AS THE SAME NOW EXIST OR MAY HEREAFTER BE ESTABLISHED, ELECTRICITY, FOR ANY AND ALL PURPOSES, AND TO ESTABLISH, REPAIR, AND MAINTAIN. POLES, WIRES, AND OTHER APPLIANCES,. APPURTENANCES AND FACILITIES THEREIN FOR SUCH' .PURtOSE, AND FOR CONDUCTING ELECTRICAL.- CURRENT THROUGH AND . THROUGHOUT SAID CITY AND OVER ITS STREETS, " ALLEYS AND OTHER PUBLIC PLACES, AND TO OPERATE THROUGHOUT SAID CITY AS SUCH ' PUBLIC UTILITY; AND -DECLARING AN EMERGENCY TO EXIST AND PUTTING • THIS ORDINANCE INTO IMMEDIATE EFFECT UPON ITS APPROVAL.BY THE MAYOR. . f THE PEOPLE OF.,THE 'C'ITY •OF CENTRAL 'POINT DO ORDAIN AS . ' • , FOLLOWS":. . . Section 1: There .rslhereby :granted .to The California Oregon Power--Company;. a California :corporation,; its successors . and assigns , .f-or: a period of twenty (20 ) years from May 1, 1948, ' the right , privilege, and franchise• to, for hire, supply. to . consumers in and throughout- the corporate limits of the City of Central Point as the same now exist, or may hereafter be established, electricity and electrical current for any and all purposes; to therein establish, rebuild, maintain and operate poles, wires; - cables, conduits, and other , appliances , appurtenances," and facilities useful for such purposes;. and for 'conducting electrical ' current through said City to consumers elsewhere; to maintain ' upon 'such poles and other -appliances, wires, 'cables,. and conduits for conducting electricity fpr all' purposes. -And for" such purpose there is granted to the said The California Oregon Power • Company the reasonable use of the streets,', alleys, or other public grounds, subject to the conditions. hereinafter expressed, and the . reasonable requirements of the City •as to the location of trans- . ' mission facilities. The rights herein granted are granted to the said The ' California Oregon Power Company 'to enable it to operate as a . public utility through the' said City in the delivery;. sale and distribution for hire of electricity for 'all purposes. ' Section 2 . The said poles so authorized to be' erected • • and maintained shall be so placedin and upon said streets, alleys, • . and " other public places as' not unreasonably to interfere with the. . ' 'City ' s, or the .public ' s use thereof; that said facilities shall at . all times be maintained ,in a reasonably safe, substantial, and . 'workman-like manner, and all reasonable ' precaution shall be taken to prevent wires strung upon said poles or appliances from becom- ing. loose orafrom unnecessary sagging;' that at all places where • , 11 such:wires shall' crossover any such ways,' the same shall be , securely fastened to stationary poles, or supports of sufficient height to maintain said wirea at an elevation'.of not less than twenty (20) feet above the ground. All such construction and equipment shall comply-with the standards now or hereafter ' required.by the. Public Utilities. Commissioner' of Oregon, or any . Public, Utility Commission thereof. ' Section 3. Nothing'.herein contained shall be construed to be or be a waiver on the part of the City of Central Point of . " anyright or rights -it may have under or 'by virtue of any statute { 'Page .1. • K N p `"4 -yam - . : _. _ • ' ` _ of the State of Oregon nowin force arid applicable in the City of Central Pointe governing the. establishment and maintenance of , ' . electrical appliances, ' the regulation of publicutilities` and the rates to be charged consumers by. public Utilities, and all • ' such statutes of the State of Oregon now in .force and applicable' to the City of Central Point are hereby made parts of this franchise. . I ' The said The California Oregon Power Company, in order - . • to make this franchise effective, shall, within ten (10 ) days from the approval of this ordinance file -with the City' Recorder of the .• City of Central Point its acceptance of the provisions thereof , . no particular form of such acceptance being necessary. Section'4. . During the continuance of this franchise, • the utility operating under it shall pay to the, City of Central Point a sum of money equivalent ,to two per cent (2%) of its gross annual- income derived from the sale of elecric energy -in_.said • City from and after April 30, 1948. : Settlements and payments, ' therefor shall be made on the first .of each calendar month during . , ; : • said period, beginning June 1, 1948. ; . Section 5. .Where,,., by the creation of future local improvement units or-'distri'cts, a. change in the established ' grade's or alignments of streets , alleys, or other public places, shall _makeinecessary:any,' change in the -location 'of present - ' installed or 'future 'installed facilities of The California Oregon" Power .Company. (being intended to include hereby poles , wires, . conduits: and any and- all '.facilities` Used ,in connection with the electric service of said ' Company) , where such facilities have ' y `beens,or shallbe: installed in accordance, with'•,the. established • , ; grades' and alignments, . the cost of,such?change, .or changes shall be -borne by said improvement unit. -or' district, and that no .cost • , shall be occasioned to The 'California Oregon Power Company,, or its successors in interest, on account, of such 'change Section 6. Whereas, it is necessary and desirable 'that' '• this franchise be put into immediate force and effect, an emergency' • is •hereby 'declared. to exist 'in the interest of the public health, peace;-and safety of the City of Central Point and its inhabitants,. and this ordinance may be read three times and put upon its final passage-at any one. meeting of the' Common Council, and shall bein full force and effect from and after, its approval by the Mayor. ' ' SUBMITTED TO AND APPROVED by the Mayor, of the :'City of Central Point , Oregon, this / am . day of May , 1948. • C-eite /f _Vii Re� --____._ Mayor ' •Attest: ' - , . ' . • . • ' City Recorder . Page 2.