4.08.010    Definitions

4.08.020    Franchise to install and operate

4.08.030    Authority

4.08.040    Franchise payments

4.08.050    Terms of franchise

4.08.060    Relocation of existing facilities on public right-of-way areas

4.08.070    Intent

4.08.080    Effective date of franchise

4.08.090    Acceptance of franchise by City


For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

CONSTITUTIONAL FRANCHISE. The right acquired through acceptance by the grantee or its predecessor in estate of the offer contained in the provisions of Section 9 of Article XI of the Constitution of the State of California, as the section existed prior to its amendment on 10-10-1911.

CONSTRUCT, MAINTAIN, AND USE. To construct, erect, install, operate, maintain, use, repair, or replace.

GRANTEE. Pacific Gas and Electric Company, its lawful successors or assigns.

POLES, WIRES, CONDUITS, AND APPURTENANCES. 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 of the City, and used or useful in the transmitting and/or distributing of electricity.

(Ord. 289, § 1, passed -- 1951; Am. Ord. 870, § 6, passed 8-25-2008)


The franchise:

A.    To use, for transmitting and distributing electricity, suited for lighting and for use by consumers for any and all lawful purposes, other than lighting, all poles, wires, conduits and appurtenances which are now or may hereafter be lawfully placed and maintained in the public streets and places within the City under that certain franchise of grantee acquired pursuant to Section 9 of Article XI of the Constitution of the State of California, as the section existed prior to its amendment on 10-10-1911; and

B.    To construct, maintain, and use in the public streets and places all poles, wires, conduits, and appurtenances, including communication circuits, whenever and wherever the constitutional franchise shall not be available therefor, necessary to transmit and distribute electricity suited for, and for use by consumers for, any or all lawful purposes, is hereby granted to Pacific Gas and Electric Company, its successors and assigns.

(Ord. 289, § 2, passed -- 1951)

4.08.030 AUTHORITY.

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 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 the franchise and situate in the territorial limits of the state, municipal or public corporation purchasing or condemning the property, or until the franchise shall be forfeited for noncompliance with its terms by the grantee.

(Ord. 289, § 3, passed -- 1951)


The grantee of the franchise shall, during the term thereof, pay to the City a sum annually which shall be equivalent to 2% of the gross annual receipts of the grantee arising from the use, operation, or possession of the franchise; provided, however, that the payment shall in no event be less than a sum which shall be equivalent to 2% of the gross annual receipts derived by grantee from the sale of electricity within the limits of the City under the franchise and the constitutional franchise.

(Ord. 289, § 4, passed -- 1951)


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 hereof, and within 3 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 the fractional calendar year, from the sale of electricity within the City. The grantee shall pay to the City within 15 days after the time for filing the statement, in lawful money of the United States, the aforesaid percentage of its gross receipts for the calendar year, or the fractional calendar year, covered by the statement. Any neglect, omission, or refusal by the grantee to file the 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. 289, § 5, passed -- 1951)


A.    The grantee shall remove or relocate at its sole expense any facilities heretofore or hereafter installed, used or maintained by it, in any public street or highway within the territorial limits of the City, so long as the street or highway shall remain under the jurisdiction of the City as a City street, whenever necessary, by reason:

1.    Of any work or improvement upon any such street or highway for the benefit of public travel; and/or

2.    Changes required by traffic needs upon any street or highway.

B.    This provision shall cease to be applicable to any street if and when the same become a state freeway.

(Ord. 289, § 6, passed -- 1951)


This franchise is granted under the Franchise Act of 1937.

(Ord. 289, § 7, passed -- 1951)


This chapter shall become effective 30 days after is final passage, unless suspended by a referendum petition filed as provided by law.

(Ord. 289, § 8, passed -- 1951)


The franchise granted hereby shall not become effective until written acceptance thereof shall have been filed by grantee with the City Clerk.

(Ord. 289, § 10, passed -- 1951)