Chapter 5.16
PACIFIC GAS AND ELECTRIC FRANCHISES1
Sections:
5.16.010 Pipes, conduits – Definitions.
5.16.020 Pipes, conduits – Franchise granted.
5.16.030 Pipes, conduits – Relocation.
5.16.040 Pipes, conduits – Franchise indeterminate.
5.16.050 Pipes, conduits – Payment to city.
5.16.060 Pipes, conduits – Payment – Time – Failure.
5.16.070 Pipes, conduits – Granting authority.
5.16.080 Pipes, conduits – City reimbursement.
5.16.090 Pipes, conduits – Grantee acceptance filing.
5.16.100 Poles, wires – Definitions.
5.16.110 Poles, wires – Granting.
5.16.120 Poles, wires – Relocation.
5.16.130 Poles, wires – Franchise indeterminate.
5.16.140 Poles, wires – Payment to city.
5.16.150 Poles, wires – Payment – Time – Failure.
5.16.160 Poles, wires – Granting authority.
5.16.170 Poles, wires – City reimbursement.
5.16.180 Poles, wires – Grantee acceptance filing.
5.16.010 Pipes, conduits – Definitions.
Whenever in Sections 5.16.010 through 5.16.090 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. “Gas” means natural or artificial gas, or a mixture of natural and artificial gas;
B. “Grantee” means Pacific Gas and Electric Company, and its lawful successors or assigns;
C. “Install, maintain and use” means to lay, construct, erect, install, operate, maintain, use, repair or replace;
D. “Pipes and appurtenances” means pipes, pipelines, mains, services, traps, vents, vaults, manholes, meters, gauges, regulators, valves, conduits, 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 gas;
E. “Streets” means 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. (Ord. 14 § 1, 1963).
5.16.020 Pipes, conduits – Franchise granted.
The franchise to install, maintain and use in the streets of the city all pipes and appurtenances for transmitting and distributing gas to the public for any and all purposes within the city is granted to Pacific Gas and Electric Company, its successors and assigns. (Ord. 14 § 2, 1963).
5.16.030 Pipes, conduits – Relocation.
Grantee of this franchise shall relocate, without expense to city, any pipes 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 the city, 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 shall be divided equally between grantee and the state. (Ord. 14 § 3, 1963).
5.16.040 Pipes, conduits – Franchise indeterminate.
This franchise shall be indeterminate, that is to say, this 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 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 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 grantee. (Ord. 14 § 4, 1963).
5.16.050 Pipes, conduits – Payment to city.
Grantee of the franchise shall, during the term thereof, pay to the 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 grantee derived from the sale of gas within the city limits. (Ord. 14 § 5, 1963).
5.16.060 Pipes, conduits – Payment – Time – Failure.
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 hereof, 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 the grantee during the preceding calendar year, or such fractional calendar year, from the sale of gas within the city. Grantee shall pay to the city within fifteen 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 a 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 hereunder. (Ord. 14 § 6, 1963).
5.16.070 Pipes, conduits – Granting authority.
The franchise is granted under the Franchise Act of 1937. (Ord. 14 § 7, 1963).
5.16.080 Pipes, conduits – City reimbursement.
Grantee of the franchise shall pay to the city a sum of money sufficient to reimburse it for all publication expenses incurred by it in connection with the granting thereof; such payment to be made within thirty days after the city shall have furnished grantee with a written statement of such expenses. (Ord. 14 § 9, 1963).
5.16.090 Pipes, conduits – Grantee acceptance filing.
The franchise granted shall not become effective until written acceptance thereof has been filed by grantee with the city clerk. (Ord. 14 § 10, 1963).
5.16.100 Poles, wires – Definitions.
Whenever in Sections 5.16.100 through 5.16.180 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. “Construct, maintain and use” means to construct, erect, install, lay, operate, maintain, use, repair or replace;
B. “Grantee” means Pacific Gas and Electric Company, and its lawful successors or assigns;
C. “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;
D. “Streets” means the public streets, ways, alleys and places as the same now or may hereafter exist within the city, including state highways, now or hereafter established within city, and freeways hereafter established within the city. (Ord. 15 § 1, 1963).
5.16.110 Poles, wires – Granting.
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 granted to Pacific Gas and Electric Company, its successors and assigns. (Ord. 15 § 2, 1963).
5.16.120 Poles, wires – Relocation.
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, 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 shall be divided equally between grantee and the state. (Ord. 15 § 3, 1963).
5.16.130 Poles, wires – Franchise indeterminate.
This 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 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 this franchise and situate in the territory 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 grantee. (Ord. 15 § 4, 1963).
5.16.140 Poles, wires – Payment to city.
Grantee of the franchise shall, during the term thereof, pay to the city two percent of the gross annual receipts of 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 grantee derived from the sale of electricity within the city limits. (Ord. 15 § 5, 1963).
5.16.150 Poles, wires – Payment – Time – Failure.
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 hereof, 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 the city. Grantee shall pay to the city within fifteen 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 hereunder. (Ord. 15 § 6, 1963).
5.16.160 Poles, wires – Granting authority.
This franchise is granted under the Franchise Act of 1937. (Ord. 15 § 7, 1963).
5.16.170 Poles, wires – City reimbursement.
Grantee of the franchise shall pay to the city a sum of money sufficient to reimburse it for all publication expenses incurred by it in connection with the granting thereof; such payment to be made within thirty days after the city has furnished grantee with a written statement of such expenses. (Ord. 15 § 9, 1963).
5.16.180 Poles, wires – Grantee acceptance filing.
The franchise granted shall not become effective until written acceptance thereof has been filed by grantee with the city clerk. (Ord. 15 § 10, 1963).
For statutory provisions regarding the granting of public utility franchises by local governments, see Pub. U. Code § 6001 et seq.; for provisions regarding the granting of CATV franchises by local government, see Gov. Code § 53066.