The following words and phrases shall, for the purpose of this Chapter, be defined as follows, unless it is clearly apparent from the context that another meaning is intended.

(a)

"Grantee" means the corporation to which the franchise contemplated in this Chapter is granted and its lawful successors or assigns;

(b)

"City". means the City of Twentynine Palms, a municipal corporation of the State of California, in its present incorporated form or in any later reorganized, consolidated, enlarged or reincorporated form;

(c)

"Streets" means the public streets, ways, alleys and places as the same now or may hereafter exist within said City;

(d)

"Poles, wires, conduits and appurtenances" means 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 in, along, across, upon, over or under the streets of said City, and used or useful, directly or indirectly for the purpose of transmitting or distributing electricity;

(e)

"Construct and use" means to lay, construct, excavate, encroach, erect, install, operate, maintain, use, repair, replace relocate, or remove;

(f)

"Franchise" means and includes any authorization granted hereunder in terms of a franchise, privilege, permit, license or otherwise to construct and use poles, wires, conduits and appurtenances, including communication circuits, for transmitting and distributing electricity for any and all purposes in, along, across, upon, over, and under streets within the City. Any authorization, in whatever terms granted, shall mean and include any license or permit required for the privilege of transacting and carrying on a business within the City.

(88-16 § 1)

The franchise to use and to construct and use, for transmitting and distributing electricity for any and all purposes, poles, wires, conduits and appurtenances, including communication circuits, necessary or proper therefor, in, along, across, upon, over and under the streets within the City, is hereby granted to Southern California Edison Company, its lawful successors and assigns, under and in accordance with the provisions of the Franchise Act of 1937.

(88-16 § 2)

Said franchise shall be indeterminate, that is to say, said franchise shall endure in full force and effect until, with the consent of the Public Utilities Commission of the State of California, the same shall be voluntarily surrendered or abandoned by the Grantee, or until the State or some municipal or public corporation thereunto duly authorized by law 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 said franchise and situate within the territorial limits of the State, municipal or public corporation purchasing or condemning such property, or until said franchise shall be forfeited for noncompliance with its terms by the Grantee.

(88-16 § 3)

(a)

The Grantee of said franchise, during the life thereof, will pay to said City two percent (2%) of the gross annual receipts of said Grantee arising from the use, operation or possession of said franchise; provided, however, that such payment shall in no event be less than one percent (1%) of the gross annual receipts derived by Grantee from the sale of electricity within the limits of said City.

(b)

The Grantee shall file with the City Clerk of said City, 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 said Grantee derived during the preceding calendar year, or such fractional calendar year, from the sale of electricity within the limits of said City. The Grantee shall pay to said City within fifteen (15) days after the time for filing said statement, in lawful money of the United States, the aforesaid percentage of its gross receipts for the calendar year, or fractional calendar year, covered by said statement. Any neglect, omission or refusal by said Grantee to file said verified statement, or to pay said 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 of Grantee hereunder.

(88-16 § 4—5)

The Grantee of this franchise shall pay to the City a sum of money sufficient to reimburse it for all publication expenses incurred by it in connection with the granting of this franchise; said payment to be made within thirty (30) days after the City shall have furnished said Grantee with a written statement of such expenses.

(88-16 § 7)

The franchise granted hereby shall not become effective until written acceptance thereof shall have been filed by the grantee with the City Clerk of said City.

(88-16 § 8)

The following words and phrases shall, for the purpose of this Chapter, be defined as follows, unless it is clearly apparent from the context that another meaning is intended.

(a)

"Grantee" means Southern California Gas Company, and its lawful successors or assigns;

(b)

"City" means the City of Twentynine Palms, a municipal corporation of the State of California, in its present incorporated form or in any later reorganized, consolidated or reincorporated form;

(c)

"Streets" means the public streets, ways, alleys and places as the same now or may hereafter exist within said City;

(d)

"Engineer" means the Director of Public Works of the City;

(e)

"Franchise" means and includes any authorization granted hereunder in terms of a franchise, privilege, permit, license or otherwise to lay and use pipes and appurtenances for transmitting and distributing gas for any and all purposes under, along, across, or upon the public streets, ways, alleys and places in the City, and shall include and be in lieu of any existing or future City requirement to obtain a license or permit for the privilege of transacting and carrying on a business within the City.

(f)

"Gas" means natural or manufactured gas, or a mixture of natural and manufactured gas;

(g)

"Pipes and Appurtenances" means pipe, pipeline, main, service, trap, vent, vault, manhole, meter, gauge, regulator, valve, conduit, appliance, attachment, appurtenance and any other property located or to be located in, upon, along, across, under or over the streets of the City, and used or useful in transmitting and distributing gas; and

(h)

"Lay and Use" means to lay, construct, erect, install, operate, maintain, use, repair, replace, or remove.

(88-19 § 1)

That the right, privilege and franchise, subject to each and all of the terms and conditions contained in this Chapter, and pursuant to the provisions of Division 3, Chapter 2 of the Public Utilities Code of the State of California, known as the Franchise Act of 1937, be and the same is hereby granted to Southern California Gas Company, a corporation organized and existing under and by virtue of the laws of the State of California, herein referred to as the "Grantee," to lay and use pipes and appurtenances for transmitting and distributing gas for any and all purposes, under, along, across or upon the streets of the City.

(88-19 § 2)

The term or period of this franchise shall be indeterminate from and after the effective date hereof, that is to say, this franchise shall endure in full force and effect until the same shall, with the consent of the Public Utilities Commission of the State of California, be voluntarily surrendered or abandoned by its possessor, or until the State of California or some municipal or public corporation thereunto duly authorized by law 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 until this franchise shall be forfeited for noncompliance with its terms by the possessor thereof.

(88-19 § 2)

(a)

The Grantee shall pay to the City at the times hereinafter specified, in lawful money of the United States, a sum annually which shall be equivalent to two percent (2%) of the gross annual receipts of Grantee arising from the use, operation or possession of said franchise; provided, however, that such payment shall in no event be less than one percent (1%) of the gross annual receipts of the Grantee derived from the sale of gas within the limits of the City under this franchise.

(b)

The Grantee of this franchise shall file with the Clerk of the City within three (3) months after the expiration of the calendar year, or fractional calendar year, following the date of the grant of this franchise, and within three (3) months after the expiration of each and every calendar year thereafter, a duly verified statement showing in detail the total gross receipts of the Grantee, its successors or assigns, during the preceding calendar year, or such fractional calendar year, from the sale of the utility service within the City for which this franchise is granted. It shall be the duty of the grantee to pay to the City within fifteen (15) days after the time for filing such statement in lawful money of the United States, the specified percentage of its gross receipts for the calendar year, or such fractional calendar year, covered by such statement. Any neglect, omission or refusal by said Grantee to file such verified statement, or to pay said percentage, at the times or in the manner hereinbefore provided, shall be grounds for the declaration of a forfeiture of this franchise and of all rights thereunder.

(88-19 § 3)

This grant is made in lieu of all other franchises owned by the Grantee, or by any successor of the Grantee to any rights under this franchise, for transmitting and distributing gas within the limits of the City, as said limits now or may hereafter exist, and the acceptance of the franchise hereby granted shall operate as an abandonment of all such franchises within the limits of this City, as such limits now or may hereafter exist, in lieu of which this franchise is granted.

(88-19 § 4)

The franchise granted hereunder shall not become effective until written acceptance thereof shall have been filed by the Grantee thereof with the Clerk of the City. When so filed, such acceptance shall constitute a continuing agreement of the Grantee that if and when the City shall thereafter annex, or consolidate with, additional territory, any and all franchise rights and privileges owned by and Grantee therein shall likewise be deemed to be abandoned within the limits of such territory.

(88-l9 § 5)

The franchise granted hereunder shall not in any way or to any extent impair or affect the right of the City to acquire the property of the Grantee hereof either by purchase or through the exercise of the right of eminent domain, and nothing herein contained shall be construed to contract away or to modify or to abridge, either for a term or in perpetuity, the City's right of eminent domain in respect to the Grantee or 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 City therefor at the time of the acquisition thereof.

(88-19 § 6)

The Grantee of this franchise shall:

(a)

Construct, install and maintain all pipes and appurtenances in accordance with and in conformity with all of the Codes, rules and regulations theretofore, or hereafter adopted by the legislative body of this City in the exercise of its police powers and not in conflict with the paramount authority of the State of California, and, as to State highways, subject to the provisions of general laws relating to the location and maintenance of such facilities;

(b)

Pay to the City, on demand, the cost of all repairs to public property made necessary by any operations of the Grantee under this franchise;

(c)

Indemnify and hold harmless the City and its officers from any and all liability for damages proximately resulting from any operations under this franchise; and be liable to the City for all damages proximately resulting from the failure of said Grantee well and faithfully to observe and perform each and every provision of this franchise and each and every provision of Division 3, Chapter 2 of the Public Utilities Code of the State of California;

(d)

Remove or relocate, at the request of the City and without expense to the City, 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 City; provided, however, that Grantee shall not be required to bear the expense of any removal or relocation made at the request of the City on behalf or for the benefit of any private developer or other non-governmental third party;

(e)

File with the legislative body of the City within thirty (30) days after any sale, transfer, assignment or lease of this franchise, or any part thereof, or of any of the rights or privileges granted thereby, written evidence of the same, certified thereto by the Grantee or its duly authorized officers.

(88-l9 § 7)

The Engineer shall have power to give the Grantee such directions for the location of any pipes and appurtenances as may be reasonably necessary to avoid sewers, water pipes, conduits or other structures lawfully in or under the streets; and before the work of constructing any pipes and appurtenances is commenced, the Grantee shall file with said Engineer plans showing the location thereof, which shall be subject to the approval of said Engineer (such approval not to be unreasonably withheld); and all such construction shall be subject to the inspection of said Engineer and done to his reasonable satisfaction. All street coverings or openings of traps, vaults, and manholes shall at all times be kept flush with the surface of the streets; provided, however, that vents for underground traps, vaults and manholes may extend above the surface of the streets when said vents are located in parkways, between the curb and the property line.

Where it is necessary to lay any underground pipes through, under or across any portion of a paved or macadamized street, the same, where practicable and economically reasonable shall be done by a tunnel or bore, so as not to disturb the foundation of such paved or macadamized street; and in the event that the same cannot be so done, such work shall be done under a permit to be granted by the Engineer upon application therefor.

(88-19 § 8)

If any portion of any street shall be damaged by reason of defects in any of the pipes and appurtenances maintained or constructed under this grant, or by reason of any other cause arising from the operation or existence of any pipes and appurtenances constructed or maintained under this grant, said Grantee shall, at its own cost and expense, immediately repair any such, damage and restore such street, or portion of street, to as good condition as existed before such defect or other cause of damage occurred, such work to be done under the direction of the Engineer, and to his reasonable satisfaction.

(88-19 § 9)

(a)

If the Grantee of this franchise shall fail, neglect or refuse to comply with any of the provisions or conditions hereof, and shall not, within ten (10) days after written demand for compliance, begin the work of compliance, or after such beginning shall not prosecute the same with due diligence to completion, then the City, by its legislative body, may declare this franchise forfeited.

(b)

The City may sue in its own name for the forfeiture of this franchise in the event of noncompliance by the Grantee, its successors or assigns, with any of the conditions thereof.

(88-19 § 10)

The Grantee of this franchise shall pay to the City 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 City shall furnish such Grantee with a written statement of such expenses.

(88-19 § 11)

After the publication of the ordinance codified in this Chapter, the Grantee shall file with the City Clerk a written acceptance of the franchise hereby granted, and an agreement to comply with the terms and conditions hereof.

(88-19 § 12)

It is the purpose and intent of the ordinance codified in this Chapter to provide for the orderly removal of existing overhead facilities and the construction of new underground facilities by providing a procedure by which the City Council may create an underground utility district upon finding that it is in the public interest to do so.

(Ord. 120 § 1, 1994)

Whenever in this Chapter the words or phrases hereinafter in this section defined are used, they shall have the respective meanings assigned to them in the following definitions:

(a)

"City" means the City of Twentynine Palms.

(b)

"Commission" means the Public Utilities Commission of the State of California.

(c)

"Person" means and includes individuals, firms, corporations, partnerships, and their agents and employees.

(d)

"Poles, overhead wires and associated overhead structures" means poles, towers, supports, wires, conductors, guys, stubs, platforms, crossarms, braces, transformers, insulators, cutouts, switches, communication circuits, appliances, attachments, and appurtenances located above ground within a district and used or useful in supplying electric, communication or similar or associated service.

(e)

"Underground utility district" or "district" means that area in the City within which poles, overhead wires, and associated overhead structures are prohibited as such area is described in a resolution adopted pursuant to the provisions of Section 15.08.040.

(f)

"Utility" includes all persons or entities supplying electric, communication or similar or associated service by means of electrical materials or devices.

(Ord. 120 § 2, 1994)

The notice shall refer to the report prepared by the City Engineer and shall include an estimate of the cost to property owners.

(Ord. 120 § 3, 1994)

(a)

Upon receipt of the report described in Section 15.08.030, the City Council may from time to time call public hearings to ascertain whether the public necessity, health, safety or welfare requires the removal of poles, overhead wires, and associated overhead structures within designated areas of the City and the underground installation of wires and facilities for supplying electric, communication, or similar or associated service in those areas. The City Clerk shall notify via mail all affected property owners as shown on the last equalized assessment roll and utilities concerned of the time and place of such hearings.

(b)

Notice of Hearing. At least ten (10) days prior to any hearing, or as otherwise provided by law. The notice shall refer to the report prepared by the City Engineer and shall include an estimate of the cost to the property owners. Prior to holding such public hearing, set out in Section 15.08.040, the City Engineer shall consult with all affected utilities and shall prepare a report for submission at such hearing containing, among other information, the boundaries of the proposed district, the extent of such utilities' participation and estimates of the total costs to the City and affected property owners. Such reports shall contain an estimate of the time required to complete such underground installation and removal of overhead facilities.

(c)

Conduct of hearing may be continued from time to time. At each hearing, all persons interested shall be given an opportunity to be heard. The decision of the City Council shall be final and conclusive.

(Ord. 120 § 4, 1994)

If, after such public hearing, the City Council finds that the public necessity, health, safety or welfare requires such removal and such underground installation within a designated area, the City Council shall, by resolution, declare such designated area an underground utility district and order such removal and underground installation. Such resolution shall include a description of the area comprising such district and shall fix the time within which such removal and underground installation shall be accomplished within which affected property owners must be ready to receive underground service. A reasonable time shall be allowed for such removal and underground installation, having due regard for the availability of labor, materials and equipment necessary for such removal and for the installation of such underground facilities as may be occasioned thereby.

(Ord. 120 § 5, 1994)

Whenever the City Council creates an underground utility district and orders the removal of poles, overhead wires and associated overhead structures therein as provided in Section 15.08.050, it is unlawful for any person or utility to erect, construct, place, keep, maintain, continue, employ, or operate poles, overhead wires and associated overhead structures in the district after the date when said overhead facilities are required to be removed by such resolution, except as said overhead facilities may be required to furnish service to an owner or occupant of property prior to the performance by such owner or occupant of the underground work necessary for such owner or occupant to continue to receive utility service as provided in Sections 15.08.110 through 15.08.170, and for such reasonable time required to remove said facilities after said work has been performed, and except as otherwise provided in this Chapter.

(Ord. 120 § 6, 1994)

Notwithstanding the provisions of this Chapter, overhead facilities may be installed and maintained for a period, not to exceed ten (10) days, without authority of the City Council in order to provide emergency service. The City Council may grant special permission, on such terms as the City Council may deem appropriate, in cases of unusual circumstances, without discrimination as to any person or utility, to erect, construct, install, maintain, use or operate poles, overhead wires and associated overhead structures.

(Ord. 120 § 7, 1994)

In any resolution adopted pursuant to Section 15.08.050, the City may authorize any or all of the following exceptions:

(a)

Any municipal facilities or equipment installed under the supervision and to the satisfaction of the City Engineer;

(b)

Poles or electroliers used exclusively for street lighting;

(c)

Overhead wires (exclusive of supporting structures) crossing any portion of a district within which overhead wires have been prohibited, or connecting to buildings on the perimeter of a district, when such wires originate in an area from which poles, overhead wires and associated overhead structures are not prohibited;

(d)

Poles, overhead wires and associated overhead structures used for the transmission of electric energy at nominal voltages in excess of thirty-four thousand five hundred (34,500) volts;

(e)

Overhead wires attached to the exterior surface of a building by means of a bracket or other fixture and extending from one location on the building to another location on the same building or to an adjacent building without crossing any public street;

(f)

Antennae, associated equipment and supporting structures, used by a utility for furnishing communication services;

(g)

Equipment appurtenant to underground facilities, such as surface mounted transformers and switches, pedestal mounted terminal boxes and meter cabinets, and concealed ducts;

(h)

Temporary poles, overhead wires, and associated overhead structures used or to be used in conjunction with construction projects.

(Ord. 120 § 8, 1994)

(a)

Within thirty (30) days after the effective date of a resolution adopted pursuant to Section 15.08.050, the City Clerk shall notify all affected utilities and all persons owning real property within the district created by said resolution of the adoption thereof. The City Clerk shall further notify such affected property owners of the necessity that, if they or any person occupying such property desire to continue to receive electric, communication, or similar or associated service, they or such occupant, shall provide all necessary facility changes on their premises so as to receive such service from the lines of the supplying utility or utilities at a new location.

(b)

Notification by the City Clerk shall be made by mailing a copy of the resolution adopted pursuant to Section 15.08.050, together with a copy of the municipal code codified in this Chapter, to affected property owners as such are shown on the last equalized assessment roll and to the affected utilities.

(Ord. 120 § 9, 1994)

If underground construction is necessary to provide utility service within a district created by any resolution adopted pursuant to Section 15.08.050, the supplying utility shall furnish that portion of the conduits, conductors, and associated equipment required to be furnished by it under its applicable rules, regulations, and tariffs on file with the commission.

(Ord. 120 § 10, 1994)

Every person owning, operating, leasing, occupying, or renting a building or structure within a district shall construct and provide that portion of the service connection on his property between the facilities referred to in Section 15.08.100 and the termination facility on or within said building or structure being served. If the above is not accomplished by any person within the time provided for in the resolution enacted pursuant to Section 15.08.050, the City Engineer shall give notice in writing to the person in possession of such premises, and a notice in writing to the owner thereof as shown on the last equalized assessment roll, to provide the required underground facilities within thirty (30) days after receipt of such notice.

(Ord. 120 § 11, 1994)

The notice to provide the required underground facilities may be given either by personal service or by mail. In case of service by mail, the notice must be deposited in the United States mail in a sealed envelope with first class postage prepaid, addressed to the person in possession of such premises at such premises, and, if different, to the owner thereof as such owner's name and address as the same appears on the last equalized assessment roll, and when no address appears, to General Delivery, City of Twentynine Palms. If notice is given by mail, such notice shall be deemed to have been received by the person to whom it has been sent within forty-eight (48) hours after the mailing thereof. If notice is given by mail to either the owner or occupant of such premises, the City Engineer shall, within forty-eight (48) hours after the mailing thereof, cause a copy thereof, printed on a card not less than eight inches by ten inches (8″ × 10″) in size, to be posted in a conspicuous place on said premises.

(Ord. 120 § 12, 1994)

The notice given by the City Engineer to provide the required underground facilities shall particularly specify what work is required to be done, and shall state that if said work is not completed within thirty (30) days after receipt of such notice, the City Engineer will provide such required underground facilities, in which case the cost and expense thereof will be assessed against the property benefited and become a lien upon such property.

(Ord. 120 § 13, 1994)

If upon expiration of the thirty (30) day period, the said required underground facilities have not been provided, the City Engineer shall forthwith proceed to do the work with his own force or may let a contract for the work; provided, however, if such premises are unoccupied and no electric or communications services are being furnished thereto, the City Engineer shall, in lieu of providing the required underground facilities, have the authority to order the disconnection and removal of any and all overhead service wires and associated facilities supplying utility service to said property. Upon completion of the work by the City Engineer, the City Engineer shall file a written report with the City Council setting forth the fact that the required underground facilities have been provided and the cost thereof, together with a legal description of the property against which such cost is to be assessed. The City Council shall thereupon fix a time and place for a public meeting and hearing concerning the assessment of the cost of such work upon such premises within the time frame required by law. Costs include all costs of installation plus overhead.

(Ord. 120 § 14, 1994)

The City Engineer shall forthwith, upon the time for hearing on such protests having been fixed, give a notice in writing to the person in possession of such premises, and a notice in writing thereof to the owner thereof, in the manner hereinabove provided for the giving of the notice to provide the required underground facilities, of the time and place that the City Council will pass upon such report and will hear protests against such assessment. Such notice shall also set forth the amount of the proposed assessment, and all other information required by law.

(Ord. 120 § 15, 1994)

Upon the date and hour set for the hearing of protests, the City Council shall hear and consider the report and all protests, if there be any, and then proceed to affirm, modify, or reject the assessment.

(Ord. 120 § 16, 1994)

If any assessment is not paid within thirty (30) days after its confirmation by the City Council, the amount of the assessment shall become a lien upon the property against which the assessment is made by the City Engineer, and the City Engineer is directed to turn over to the Assessor and Tax Collector a notice of lien on each said properties on which the assessment has not been paid, and the Assessor and Tax Collector shall add the amount of said assessment to the next regular bill for taxes levied against the premises upon which said assessment was not paid. Said assessment shall be due and payable at the same time as said property taxes are due and payable, and if not paid when due and payable, shall bear interest at the same rate and be subject to sale for delinquency.

(Ord. 120 § 17, 1994)

The City may remove at its own expense all City-owned equipment from all poles required to be removed hereunder in ample time to enable the owner or user of such poles to remove the same within the time specified in the resolution enacted pursuant to Section 15.08.050.

(Ord. 120 § 18, 1994)

In the event that any act required by this Chapter or by a resolution adopted pursuant to Section 15.08.050 cannot be performed within the time provided on account of shortage of materials, war, restraint by public authorities, strikes, labor disturbances, civil disobedience, or any other circumstances beyond the control of the actor, then the time within which such act will be accomplished be extended for a period equivalent to the time of such limitation.

(Ord. 120 § 19, 1994)