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Home My WebLink AboutOrd. No. 1967-439-441234 ORDINANCE N0 439 ' AN ORDINANCE OF THE CITY OF ELSINORE, CALIFORNIA, 'REZUNIN6 CERTAIN REAL PROPERTY 'FROM ITS 'PRESENT' ZONE OF R-3 (MULTIPLE-FAMILY RESIbENCE bl'STRLCT): TO'C-1_(LIMITED COMMERCIAL D1'STRICT). The Mayor and the City Council of the City of Elsi'ri'ore do ordain as follows: Section l: ?he following described property located in the 'City of Elsinore, California, is removed from itS presenf'd'istrict;-and is hereby re- zoned to C-1 (Limited Commercial District); that the property which is rezoned is that certain real property located Yn the City-of Elsinore, County of Riverside, State of California, more particularly described as foilows:' "Lots 10 'and il, Bl'ock 9, 'and Lots 'l0 and Il, 'Block TO'of'Lake Shore DriJe Addition''to Elsinore." Section 2: No building or structure shall be constructed, erected or maintained upon any of the above 'described property whicH may be`below the elevation of 1265 foot sea~level'unless application is made to the Lity Council for the construction, erection or maintenance of any building which may. be below the elevation of 1265 foot sea level; provided furEher,' that 'before any approval may be granted by said City Council for said building or structure, the approval of 'the Riverside"County Flood Control Engineer and 'the City `Engineer of the City of Elsinore-must be`first obtaihedr Section 3: Ordinance No: 349 of the CiEy of Elsinore, Califoria is hereby amehded ta'effect the 'rezoning bf the above described property. Section 4: The City Clerk is hereby ordered and directed to certify the passage'ofi~the'ordinahce'and cause the'same to'be published'in the manner provided by Taw. ADOPTED by the Mayor and''City Council and signed b"y the'Mayor and attested to by the City Clerk'this'23''day of'January, 1967.` ' _s1 T: R. Yarboroucah Mayor of the City of Eisihore i ~ ATTEST: s/Florene Marshall City Clerk of the City of Elsinore J ORDINANCE N0. 440 AN'0'RDINANCE OF THE CITY OF ELSINORE, CALIFORNIA., GRANTING TO SOUTHERN CALIFORNIA EDISON COMPANY, ITS SUCCESSORS AND ASSIGNS A FRANCHISE TO USE AND TO CONSTRUCT AND USE, OPERATE AND MAINTAIN AN ELECTRIC DISTRIBUTION AND TRANSMISSION SYSTEM CONSISTING OF POLES, WIRES, CONDUITS AND OTHER APPURTENANCES FOR THE PURPOSE OF CONDUCTING, TRASMITTING AND DISTRIBUTING ELECTRICITY AND ELECTRIC ENERGY FOR HEAT AND POWER PURPOSES AND FOR ANY AND ALL' PURPOSES OTHER THAN THOSE AUTHORIZED UNDER A CONSTITUTIONAL FRANCHISE IN, ALONG, ACROSS, UPON, OVER AND UNDER THE PUBLIC STREETS, WAYS, ALLEYS, AND PLACES WITHIN THE CITY OF ELSINORE, STATE OF CALIFORNIA TOGETHER WITH THE RIGHT TO USE, CONSTRUCT AND USE, OPERATE AND MAINTAIN A COMMUNICATfON SYSTEM IN CONNECTION WITH THE OPERATION OF THE ELECTRICAL SYSTEM OF THE GRANTEE. The City Council of-;the.Cbt~± of Elsinore does ordain as follows: Section l: Whenever in this ordinance the words or phrases hereinafter in tf~is section defined are used, it is intended that they shall have the respective meanings assigned to them in the following definitions (unless, in the given in- stance, the context wherein they are used shall clearly import a different meaning): (a) The-word "grantee" shall mean the corporation to which the franchise contemplated in this ordinance is granted end its lawful successors or assigns: (b) The word "City" shall mean The City of Elsinore, a municipal corporation of the State of California, in its present incorporated i~: l_._l ~.~~~~ 2 3 form or in any later reorganized, consolidated, enlarged or rein- corporated form: (c) The word "streets",shall mean the.public streets, ways,. alleys, and places as the same now or'may hereafter exist within said City:. (d) The phrase "poles, wires, conduits, and appurtenahces" shall mean poles,_towers; supports;'wires; conductors, cables, guys, stubs, platforms, crossarms, braces, transformers,'insulator, conduits, ducts, vaults, man- holes, meters, cut-outs, switches, communi w tion circuits, appliances, at- tachments, 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 dis- trubuting electricity: (e) The phrase "construct and use" shall mean to lay; construct, erect, install, operate, maintain, use, repair, replace or relocate: (f) The phrase'"cons titution.~l" franchise" shall mean the right acquired through acceptance by the grantee, or its predecessors in estate, of the offer contained in the provisions of Section 19 of Article Xl of ahe Con- stitution of the State of California., es said section 'existed prior to its amendment on October 10, 1911, and now owned by the grantee. Section 2: The franchise to use and to construct and use, for transmitting and distrubuting electricity for any and all purposes other than those authorized by a constitutional franchise, poles, wires, conduits, and appurtenances, including communication circuits, necessary or proper therefor in, along, across, upon, over and under the'streets within the City of Elsinore,,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.. Section 3: Said franchise•shaii be indeterminate, that is to say, said franchise shall endure in full force and effect until, with the consent of the Public Utilities CommissioK 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 ~j actually used and useful in""the exercise of said franchise and situate within the' territorial`limits of the 5tate;.municipal or pub lic corporation purchasing or condemning such'property,`or until said franchise shall'be forfeited for non- compliance with its terms by the grantee. Section 4: This franchise is'complementary to said constitutional franchise and the grantee of this franchise,•during the life thereof, shall pay to said City a sum annually which shall be equivalent to two percent (2%) of the gross annual receipts of tfie'grantee~arising firom the use; operation or possession of said franchise; provided however, that sych payment shall in no event be less than the sum which shall be equivalent to one-half percent ('-z%) of the gross annual receipts derived. by the grantee from the sale of electricity within the .limits of said City under both said electrical franchises.' Sectfion y. The grantee shall'fi1e with the City Glerk of said City, within: three (3) months after the'expirat-ion of the calendar year, or fractional calendar year, following the date of the 'granting of ,-this franchise, and wi-thin 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 calenar year, or•such fractional ca erdar 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 mohey of the United States', the aforesaid percehtage'of its gross 7eceipts'for the calendar year, or fractional calendar year, covered by said statement. Any neglect,.omission or refusal fly said grantee to file-said 4erifie8 statement, or to pay said' percentage at 'the'times'or-in the'manher hereinbefore provided; sha l'1 constitute grounds for the declaration of a forfeiture of this franchise and of all rights of grantee hereunder. .Section 6: This ordinance shall become effective thirty (30) days after its final passage., unless suspended by referendum petition filed as provided by law. f Section 7;-- The-grantee of this franchise shall pay to the City a sum of money sufficient to reimburse it for ::all `pub'lication 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. Section i3: The Franchise granted hereby shall not become effective until _ _ 23~ written acceptance thereof'shall have been filed by the grantee with the City Clerk of said City. Section 9: The City Clerk shall cause this ordinance to be published once within fifteen (15) days after its passage in the Elsinore Leader Press, a news- paper of general circulation published and circulated in. said City. First read at a regular meeting of the City Council of said City,,held on the 13th.. day of March, 1967, and finally adopted and ordered published at a regular meeting of said City Council.held.on the ,27th day of March, -1967, by the following ,vote: AYES: .Councilmen Berry, Bittie, Yarborough NOES: Councilmen Carter, DePasquale ABSENT: None ATTEST• s/Florene Marshall City Clerk of the City of Elsinore s/T.R. Yarborouoh Mayor of, he Eity,of Elsinore .ORDINANCE N0. 441 /- AN ORDINANC~,OF THE CITY OF ELSINORE, CALIFORNIA, REZONING CERTAIN REAL PROPERTY FROM ITS PRESENT .ZONE OF R-1 (SINGLE-FAMILY RESIDENCE DISTRICT) - TO C-;1 (LJMlTED COMMERCIAL DISTRICT).,. _ ,. The Mayor and the City`Council.of the City of Elsinore do ordain as follows: .Section. l; The following described, property ,located in the City of :Elsinore, California; is removed from its present district, as R-7 (Single- _' Family Residence District), and is hereby rezoned. to C-l (Limited Commercial ' District); that the property which is rezoned is that certain real property located in the City of Elsinore, County,of,RiverSide, State of .California, and more particularly described as follows: ~' "Beginning,at the northeast corner of Malaga Road and < Mission Trai1,.N 19° 32';w 1317.87 ft.,,thence N 890, 1:9' 20" E 880.33 ft; .thence S 42° 24' E 992.24 ft. along the westerly boundary to Highway No. 71; thence 5..1.40 40' W 43.49 fit; thence S 670 W 1186.40 ft. to the ` ,point. of beginning..'% ~~~ Section 2; No building or structure shall be-constructed, erected or maintained upon any of the above described property which may- be below the elevation of 1265 foot sea level unless application;is made to the City,Council for-the construction, erection or maintenance of any building which may be ." below the elevation of 1265 fool sea level; provided,,further,,that before any-approval may be, granted by said .City Council for said building or structure, r` the approval.of the Riverside County Flood Control_Enginee r and, the City Engineer of the City of Elsinore must be first obtained. , Section, 3: Ordinance No. 349 of the City of Elsinore, California, is hereby amended. to effect the rezoning of the above described property. - r Sect~i;on 4: The City Clerk is hereby ordered and directed to-certify the, I passage of the ordfinance and cause ;the same. to be published. in the manner ! provided by ,law. ADOPTED by the Mayor and the City Council and signed by the Mayor ~' ahd attested to by the City,Clerk this 27th day of March,,1967., '_ -~/ T. R_.Yarborougb, Mayor of the City. ;of Elsinore ~' ATTEST: ~' e~Flnrenn M~r~al l City Clerk of-the City-of Elsinore t _