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Home My WebLink AboutTC Ord 1965-03-23 (2) r . :CBItflFIrATION OF CITY CLERK I, Laftence 1>. Rose, City Clerk of, the City of Tiburon, County o.f Marin, State of Qlliforn:la, . do her_by certify that the attached 1s a tnie and exact c:opy of Ordinance No~5 N. S,. Entitled ORDINANCE GRANTING.. TO PACIFIC GAS AND ELECTRIC COMPANY, ITS SUCCE.SSORS AND ASSIGNS, THE FRANCHISE. TO CONSTRUCT,. MAINTAlN AND USE POLES, WIRES, CONDUITS AND APPURTENANCES ,... INCLU4>ING COMMU~ICATION.cIRCUITS, NECES- SARY OR. PROPER FOR TRANSMITTING AND DISTRIBUTING EliECTRICITY.TO ;mE PUBLIC.FOa f' ANY.. AND ALL PURPOSES IN, ALONG, ACROS$, Ul?ON, UNDER AND. OVER THE PUBLIC STREETS AND PLACES WITHIN THE CITY OF TIBURON. Formerly Ordinance No. 31. which was duly adopted by the Council of th~City of 'Tiburon on... March. 23, .1965.. and thereafter published in a newspaper of getteral ~ircuiation on ~~nuary ~7, 1~68 in accordance with Government Code of the State of California ~ ~..' ~ . ", r~~e- ~~ ".~. 1AWDNcE D. lOSB: Ci ty Clerk By .'.... t' ) '" J. \ Elec. Indet. A.f. 5 N. S. ORDINANCE NO. X . ORDINANCE GRANTING TO PACIFIC GAS AND ELECTRIC COMPANY, ITS SUCCESSORS AND ASSIGNS, THE FRANQHISE TO CONSTRUCT, MAINTAIN AND USE POLES, WIRES, CONDUITS AND APPURTENANCES, INCLUDING COMMUNICATION CIRCUITS, NECE$SARY 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 1. Whenever:1,.n this ordinance the words or phrases . , hereinafter in. this sectlond.et~ned are used, they shall have the . . ( )' ;., respective meanlng$ 'ass~s.ne~ to' them ,in . t)'le ,following definitions:, (a) The, word, ":Gr~nt~e"&:Jhal1~JIl~anPa.cJtie ~as and Electric - " . ,'" " Cott1pa~y,~nt\~. t~sl~w~t1f.\lee.,~c$OrS o:r as~lgns. (b) The w()rdile:~~,~t' ,$hall me~tt;'.~he. G1.ty or dTlburon \" a mun1cija~;.:coijpdX'8:tl~n\~,p~"1i:~he State ot Ca11.tornia, in its ',:,r, prese~t 1ncO~ex.~.ted fO~~'~.r,iria~Y laJ~~r reorganized, ~' ~, .,. i consolidated, enla.pg~d .9r,~~^1bQ9rp9.ra:ted 'form. e_" .' .. (c) The word "streetst1 sha.l.:f'in~~ri the ;p~bl1C streets, ways, alleys and places as the ,same n<;>w.ol;'J may hereafter exist within City, including st~te'h1f5h,W"aYa'tlow'or h,ereafter established within City, andf'reeway~ Q~r'8.~'e~' established within City. - -- . .(d) The phrase "p9).'S~ w~res;".,COPdults and appurtenances" shall " . - , ." . ~. mean poles, tower$,s:u;pp()rt~, wires, conduotors, cables, guys, , ' ' a tuba. P'Letf9;a ;,Qj~~r~t '.b~aoeel t~anatonnera, insula tore, .C()~Ult$~dU~:PS:i.~~~~~~:J~,;nh91ea:.. 1JJeters, cut...outs, switches, '.. .",.., . . ".u';~i':"~": :" /':'., ..,'.. . COll11nUhi,~.~ ~t)~cli-~~~s..~",~~~iianc~s,' a ttachrnents , appurtenances, and, w~tll~~t, 1U.tU~~;'i.t:dl?:' ;'~~:~,~~efOrE!go1ng, any other property . . , " ;,l~~~~~.~i ;~~'~~~~~'!l~it,~!)>alOng, across, under or ,';'o~.i-':':~~,',~t.~~.ij~..{~t:b~tYi~'ndused or useful in transmitting an~/or d1stributing ele'ctrlcity. (e) The,iphrase "construct, maintain and use" shall mean to construct, erect, install, lay, operate, maintain, use, repair or replace. 1 . \>i~ ~';~ !..f:". ,'""' ) \,~ . E1ec. 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' her~by 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 \1hen made necessary by any lawfulehange ot:'gt'a.d~~",.a,11gnlten.t 9!' width of any streets by City, including'the constriiet:t~nor any Subway or viaduct, provided, however, that the cO,stet any.svch relocation made necessary by the construet;l.on o!, ~py iawr~l change of grade, alignment or width of any freeway ccnstr~cted by the State of California shall be divided equally betweenGrante~$.nd the state of California. Section 4. Said fran~h1$e shall be indeterminate, that is to say, said franchise sh~ll endure in full force and effect until the same shall, with the consent of the Publ:1:'c Utili ties Commission of the State o~Ca.a.:1to):'n1a.;. be. voluntarily surrendered or abandoned by Grantee, or until. the State or some municipal or public corporation thereunto dtlly authorized by law shall purchase by voluntary agreement or shall conde,I,m and take under the power of eminent domain" all property actually used and useful in the exercise of said fre.nchise and situate in the territorial limits of the State, munlcipa,l or public corpo!'ation purchasing or condemning such property, ot' until said frapchioe shall be forfeited for noncompliance .with its terms by Grantee. Section 5. . Grantee shall during the term of said franchise pay to City tWb per cent (2%) of the gross annual receipts of Grantee arising from the use, operation or possession of said 2 ~,: . . Eleo. Indet. A.P. franohise; 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. .-, f) 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 oalendaryear, 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 Tor 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. 3 . 1~. . . ...,....-- . Section 11. The City Clerk of City shall cause this ordinance to be posted in at least three (3) public places 1n City 1n 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 . March , 19~, and finally adopted and ordered posted at a regular meeting of said Council held on the ~ day of by the following vote: March , 1965, AYES: Councilmen Strawbridge, Souza, Hoffmlre, Hannahs, Ellinwood ) NAYS: None Councilmen ABSENT: Councilmen None J8#'1-k J,/. ~ Mayor of the Cl y 0 uron ATTEST: Cle~~t? ---" " ) 4 :-