HomeMy WebLinkAboutTC Ord 1965-03-08
Elec. Indet. A.F.
ORDINANCE NO. 31
ORDINANCE GRANTING TO PACIFIC GAS AND ELECTRIC COMPANY, ITS
SUCCESSORS AND ASSIGNS, THE FRANCHISE TO CONSTRUCT, MAINTAIN
AND USE POLES, WIRES, CONDUITS AND APPURTENANCES, INCLUDING
COMMUNICATION CIRCUITS, NECESSARY OR PROPER FOR TRANSMITTING
AND DISTRIBUTING ELECTRICITY TO THE PUBLIC FOR ANY AND ALL
PURPOSES IN, ALONG, ACROSS, UPON, UNDER AND OVER THE PUBLIC
STREETS AND PLACES WITHIN THE CITY OF TIBURON.
The City Council of the
City of Tiburon
does ordain as follows:
Section 10 Whenever in this ordinance 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) The word "Grantee" shall mean Pacific Gas and Electric
Compan~and its lawful successors or assigns.
(b) The word "City" shall mean the
City of Tiburon
a municipal corporation of the State of California, in its
present incorporated form or in any later reorganized,
consolidated, enlarged or reincorporated form.
(c) The word "streets" shall mean the public streets, ways, alleys
and places as the same now or may hereafter exist within City,
including State highways now or hereafter established within
City, and freeways hereafter established within City.
(d) 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, without limitation to the foregoing, any other property
located or to be located in, upon, along, across, under or
over the streets of City, and used or useful in transmitting
and/or distributing electricity.
(e) The.Jphrase "construct, maintain and use" shall mean to
construct, erect, install, lay, operate, maintain, use, repair
or replace.
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Elec. Indet. A.P.
Section 2. The franchise to construct, maintain and USE
poles, wires, conduits and appurtenances necessary or proper for
transmitting and distributing electricity to the public for any
and all purposes, in, along, across, upon, under and over the
streets within City is hereby granted to Grantee.
Section 3. Grantee shall relocate, without expense to
City, any poles, wires, conduits and appurtenances constructed,
maintained or used under this franchise, if and when made necessary
by an:r lawful change of gra.de, alignrr.:ent or \tJidth of a11Y streets by
City, including the construction of ar.y sUbway or viaduct, provided,
however, that the cost of any such relocation made necessary by
the construction or any lawful change of grade, alignment or width
of any freeway constructed by the State of California shall be
divided equally between Grantee and the state of California.
Section 4. Said franchise shall be indeterminate, that
is to say, said franchise shall endure in full force and effect
until the same sh.all, with the consent of the Public utilities
Commission of the state of California, be voluntarily surrendered
or abandoned by Grantee, or until the State or some municipal or
public corporation thereunto duly authorized by law shall purchase
by vOluntary agreement or shall condE.mn and take under the power
of eminent domain, all property actually used and useful in the
exercise of said franchise and situate in the territorial limits
of the State, municipal or public corporation purchasir.g or
condemning such property, or until said franchise shall be
forfeited for noncompliance with its terms by Grantee.
Section 5. Grantee shall during the term of said
franchise pay to City two per cent (2%) of the gross annual receipts
of Grantee arising from the use, operation or possession of said
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Elec. Indet. A.P.
franchise; provided, however, that such payment shall in no event
be less than one per cent (1%) of the gross annual receipts of
Grantee derived from the sale of electricity within the limits of
City.
Section 6. Grantee shall file with the City Clerk of
City, within three (3) months after the expiration of the calendar
year, or fractional calendar year, following the date of the
granting hereof, 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 Grantee
during the preceding calendar year, or such fractional calendar
year, from the sale of electricity within City. Grantee shall pay
to City within fifteen (15) days after the time for filing such
statement, in lawful money of the United States, the aforesaid
percentage of its gross receipts for such calendar year, or such
fractional calendar year, covered by such statement. Any neglect,
omission or refusal by Grantee to file such verified statement,
or to pay said percentage at the time and in the manner specified,
shall be grounds for the declaration of a forfeiture of this
franchise and of all rights of Grantee hereunder.
Section 7. Said franchise is granted under the Franchise
Act of 1937.
Section 8. This ordinance shall become effective
thirty (30) days after its final passage unless suspended by a
referendum petition filed as provided by law.
Section 9,. Grantee shall pay to City a sum of money
sufficient to reimburse it for all publication expenses incurred
by it in connection with the granting of said franchise. Such
payment shall be made within thirty (30) days after City shall
have furnished Grantee with a written statement of such expenses.
Section 10. The franchise granted hereby shall not become
effective until written acceptance thereof shall have been filed by
Grantee with the City Clerk of City.
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Section 11. The City Clerk of City shall cause this
ordinance to be posted in at least three (3) public places in
City in accordance with Section 36933 of the Government Code of
the State of California.
First read at a regular meeting of the City Council of
City held on the ~ day of
~1a rd.
, 196::::,
and finally adopted and ordered posted at a regular meeting of
said Council held on the 23rd day of
by the following vote:
Mard,
, 1965 J
AYES:
Councilmen Strawbridge, Souza, Hoffmire, Hannahs, Ell inwood
NAYS:
Councilmen
None
ABSENT: Councilmen None
ATTEST:
Cle~~!? ~
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