Chapter 6-2
ELECTRIC SERVICES
Sections:
Article 1. Electric Services
6-2-125 Authority for franchise.
6-2-130 Reimbursement of publication expenses.
6-2-135 Acceptance of franchise.
Article 1. Electric Services
6-2-100 Definitions.
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 (unless, in the given instance, the context wherein they are used shall clearly import a different meaning):
(A) “Grantee” shall mean the corporation to which the franchise contemplated in this Chapter is granted and its lawful successors or assigns;
(B) “City” shall mean the City of San Juan Bautista, 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” shall mean the public streets, ways, alleys, and places as the same now or may hereafter exist within the City;
(D) “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 any other property located or to be located in, upon, along, across, under or over the streets, ways, alleys, and places of the City, and used or useful in the transmitting and/or distributing of electricity;
(E) “Construct and use” shall mean to construct, erect, install, lay, operate, maintain use, repair, or replace;
(F) “Constitutional franchise” shall mean the right acquired through acceptance by said grantee or its predecessor in estate of the offer contained in the provisions of Section 19 of Article XI of the Constitution of the State of California, as said Section existed prior to its amendment on October 10, 1911.
6-2-105 Franchise.
The franchise (a) to use, for transmitting, and distributing electricity within the City of San Juan Bautista, for any and all purposes other than those authorized under said constitutional franchise, all poles, wires, conduits and appurtenances which now are or may hereafter be lawfully placed in the streets, ways, alleys, and places within the City, and (b) to construct and use in said streets, ways, alleys, and places all poles, wires, conduits and appurtenances, including communication circuits, necessary or proper for said purposes, is hereby granted to Coast Counties Gas and Electric Company, upon the terms and conditions set forth in the Franchise Act of 1937, as embodied in the Public Utilities Code.
6-2-110 Indeterminate term.
Said franchise shall be indeterminate, that is to say, said 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 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 in 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.
6-2-115 Franchise fee.
The grantee of said franchise shall during the term thereof pay to the City a sum annually which shall be equivalent to 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 a sum which shall be equivalent to one-half percent (0.5%) of the gross annual receipts derived by grantee from the sale of electricity within the limits of such City under said franchise and said constitutional franchise.
6-2-120 Gross receipts.
The grantee shall file with the City Clerk, within three (3) months after the expiration of the 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 such grantee during the preceding year, or such fractional calendar year, from the sale of electricity within the City. Such grantee shall pay to said 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 a 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 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.
6-2-125 Authority for franchise.
This franchise is granted under and in accordance with the provisions of said Franchise Act of 1937, as embodied in the Public Utilities Code.
6-2-130 Reimbursement of publication expenses.
The grantee of said franchise shall pay to the City a sum of money sufficient to reimburse it for all publication expenses incurred by it in connection with granting thereof; such payment to be made within thirty (30) days after the City shall have furnished such grantee with a written statement of such expenses.
6-2-135 Acceptance of franchise.
The franchise granted hereby shall not become effective until written acceptance thereof shall have been filed by the grantee with the City Clerk.
Legislative History: Ord. 93 (9/10/53).