CHAPTER 11
FRANCHISES
ARTICLE 3. ELECTRIC FRANCHISE
SECTION:
§1932: Relocation; When Necessary
§1935: Effect Of Franchise; Termination Of Other Franchises, Rights And Privileges Of Grantee
§1936: Franchise Granted Under Broughton Act
§1930 DEFINITIONS
Whenever in this Article 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. The word "Grantee" shall mean Pacific Gas and Electric Company, and its lawful successors or assigns in respect to the franchise hereby granted.
B. The word "City" shall mean the City 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 "franchise" shall mean the right, privilege and franchise hereinafter more particularly described.
D. 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, all subject to the limitations as to location contained in §1931.
E. The phrase "poles, wires, conduits and appurtenances" shall mean poles, supports, wires, conductors, cables, guys, stubs, platforms, crossarms, braces, transformers, insulators, conduits, ducts, vaults, manholes, meters, cut-outs, switches, communication circuits, appliances, attachments, appurtenances, or any other property used or useful in the transmitting of electricity.
F. The phrase "construct, maintain and use" shall mean to construct, erect, install, lay, operate, maintain, use, repair or replace. (Ord. 558, §1, adopted 1964)
§1931 GRANT OF FRANCHISE
Grantee is hereby granted the franchise to construct, maintain and use poles, wires, conduits and appurtenances necessary or proper for transmitting electricity through, but not distributing electricity in the City, in, along, across, upon, under and over only the public streets, ways and places, and in the general locations as shown on the map which is attached to the ordinance enacting this Article, which said map incorporated herein and made a part hereof by reference. (Ord. 558, §1, adopted 1964)
§1932 RELOCATION; WHEN NECESSARY
Grantee of this franchise shall relocate without expense to City 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, including the construction of any subway or viaduct, or any storm drain or sanitary sewer, 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 by the State of California shall be divided equally between Grantee and the State of California. (Ord. 558, §1, adopted 1964)
§1933 TERM OF FRANCHISE
The term of this franchise shall be indeterminate, commencing on the effective date of the ordinance adopting this Article, 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 or by operation of law, be voluntarily surrendered or abandoned by Grantee, or until the State or some municipal or public corporation duly authorized under the power of eminent domain, all property actually used and useful in the exercise of said franchise and situated in the territorial limits of the State, municipal or public corporation purchasing or condemning such property, or until said franchise shall be forfeited for non-compliance with its terms by Grantee. (Ord. 558, §1, adopted 1964)
§1934 PAYMENT FOR FRANCHISE
Grantee shall, during the life of this franchise, pay to the City two percent (2%) of the gross annual receipts of grantee arising from the use, operation or possession of the franchise. If the franchise is a renewal of a right already in existence, payment of the percentage of gross receipts shall begin at once upon the granting of the franchise. If the franchise is not a renewal of a right already in existence, no percentage shall be paid for the first five (5) years succeeding the date of the franchise, but thereafter the percentage shall be payable annually. If payment is not made, the franchise shall be forfeited. (Ord. 558, §1, adopted 1964)
§1935 EFFECT OF FRANCHISE; TERMINATION OF OTHER FRANCHISES, RIGHTS AND PRIVILEGES OF GRANTEE
The franchise granted by this Article with respect to Grantee is in lieu of all other franchises, rights or privileges owned by Grantee, or by any successor of Grantee, to any rights for transmitting and distributing electricity within the limits of City as such limits exist at the time of the granting of this franchise. The acceptance of such franchise shall operate as an abandonment of all franchises, rights and privileges by Grantee within the limits of the City, as such limits now exist, in lieu of which the franchise is granted by this Article. (Ord. 558, §1, adopted 1964)
§1936 FRANCHISE GRANTED UNDER BROUGHTON ACT
The franchise granted by this Article is granted under and pursuant to the provisions of the Broughton Act (Article 1, Chapter 2, Division 3 of the Public Utilities Code of California). (Ord. 558, §1, adopted 1964)