Chapter 13.20
ELECTRIC FRANCHISE*
Sections:
13.20.020 Construction of Poles.
13.20.030 Relocation of Wires.
13.20.040 Duration of Franchise.
13.20.070 Granting Under Certain Act.
13.20.080 Maintenance Standards.
13.20.090 Replacing Conditions.
13.20.100 Compliance Required.
13.20.110 Payment for Publication.
* For statutory provisions authorizing cities to grant franchises, see Government Code § 39732; for provisions on electric franchises by municipalities, see Public Utilities Code § 6201 et seq.
13.20.010 Definitions.
Whenever in this chapter the words or phrases in this section are used, they shall have the respective meanings assigned to them in the following definitions:
A. “City” means the City of Carmel-by-the-Sea, a municipal corporation of the State of California, in its present incorporated form or in any later reorganized, consolidated, enlarged or reincorporated form.
B. “Construct, maintain and use” means to construct, erect, install, lay, operate, maintain, use, repair or replace.
C. “Grantee” means Pacific Gas and Electric Company, and its lawful successors or assigns.
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, without limitation to the foregoing, 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/or distributing electricity.
E. “Streets” means the public streets, ways, alleys and places as the same now or may hereafter exist within the City, including State highways and freeways established in the City. (Ord. 83 C.S. § 1, 1963; Code 1975 § 1406.01).
13.20.020 Construction of Poles.
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 the City is granted to the grantee. (Ord. 83 C.S. § 1, 1963; Code 1975 § 1406.02).
13.20.030 Relocation of Wires.
The grantee shall relocate, at its own expense, without expense to City or adjacent property owners, any poles, wires, conduits and appurtenances theretofore installed, and then maintained or used under this franchise, if and when made necessary by any lawful change of grade, alignment or width of any streets by City, or the bringing of the traveled portion of such streets to lawful grade, including the construction of any 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 the grantee and the State of California. (Ord. 83 C.S. § 1, 1963; Code 1975 § 1406.03).
13.20.040 Duration of Franchise.
The franchise shall be indeterminate; that is to say, the franchise shall endure in full force and effect until the same shall, with the consent of Public Utilities Commission of the State of California, be voluntarily surrendered or abandoned by the grantee, or until the State or some municipal or public corporation thereunto duly authorized by law purchases by voluntary agreement or condemns and takes under the power of eminent domain all property actually used and useful in the exercise of the franchise and situate in the territorial limits of the State, municipal or public corporation purchasing or condemning such property, or until the franchise shall be forfeited for noncompliance with its terms by the grantee. (Ord. 83 C.S. § 1, 1963; Code 1975 § 1406.04).
13.20.050 Payment for Use.
The grantee shall, during the term of this franchise, pay to City two percent of the gross annual receipts of the grantee arising from the use, operation or possession of the franchise; provided, however, that such payment shall in no event be less than one percent of the gross annual receipts of the grantee derived from the sale of electricity within the limits of City. (Ord. 83 C.S. § 1, 1963; Code 1975 § 1406.05).
13.20.060 Report of Receipts.
The grantee shall file with the City Clerk within three months after the expiration of the calendar year, or fractional calendar year, following the date of the granting of this franchise, and within three 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 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 the grantee to file such verified statement, or to pay the 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 under this chapter. (Ord. 83 C.S. § 1, 1963; Code 1975 § 1406.06).
13.20.070 Granting Under Certain Act.
The franchise is granted under the Franchise Act of 1937, as amended, found in California Public Resources Code Section 6201 et seq. (Ord. 79-21 § 19, 1979; Ord. 83 C.S. § 1, 1963; Code 1975 § 1406.07).
13.20.080 Maintenance Standards.
A. All poles, wires, conduits and appurtenances which shall be constructed, maintained and used under and pursuant to the provisions of this chapter and in the exercise of the right, privilege and franchise granted in this chapter shall be installed in a good and workmanlike manner and in compliance with all valid ordinances and regulations enacted and prescribed by the City under its police power.
B. The grantee shall not use any portion of any street in the City for the construction, maintenance or use of poles, wires, conduits and appurtenances in such manner as to injure or destroy any tree or tree shrub therein, unless a permit in writing is first obtained for such purpose from the Director of Public Works, or other officer having charge thereof. In the event the Director of Public Works or other officer refuses to issue any such permit when applied for by the grantee, the grantee may appeal such refusal by filing an appeal in writing with the City Clerk addressed to the City Council. Such appeal shall be heard at the next ensuing regular meeting of the City Council, and the determination of the City Council thereupon after such hearing shall be final and conclusive, and binding on all parties interested. (Ord. 83 C.S. § 1, 1963; Code 1975 § 1406.08).
13.20.090 Replacing Conditions.
The grantee shall, immediately upon installing, replacing or repairing any poles, wires, conduits and appurtenances, at its own cost and expense, place the streets, or so much thereof as may have been damaged thereby, in as good order and condition as that in which they were before being disturbed or excavated for the purpose of installing, replacing or repairing the poles, wires, conduits and appurtenances. (Ord. 83 C.S. § 1, 1963; Code 1975 § 1406.09).
13.20.100 Compliance Required.
The grantee shall comply with the terms and provisions in existence on the effective date of the ordinance codified in this chapter. (Ord. 83 C.S. § 1, 1963; Code 1975 § 1406.10).
13.20.110 Payment for Publication.
The 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 the franchise, such payment to be made within 30 days after City shall have furnished grantee with a written statement of such expenses. (Ord. 83 C.S. § 1, 1963; Code 1975 § 1406.11).