Chapter 11.05


11.05.010    Definitions.

11.05.020    Franchise for electrical transmission to Pacific Gas and Electric Company.

11.05.030    Term of franchise.

11.05.040    Franchise fee.

11.05.050    Report of gross receipts.

11.05.060    Origin of franchise.

11.05.010 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.    The word “grantee” means Pacific Gas and Electric Company, and its lawful successors or assigns.

B.    The word “city” means the city of Millbrae, 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 “streets” means the public streets, ways, alleys and places as the same now or may hereafter exist within said city, including state highways, now or hereafter established within the city, and freeways hereafter established within the city.

D.    The phrase “poles, wires, conduits and appurtenances” means poles, towers, supports, wires, conductors, cables, guys, stubs, platforms, crossarms, braces, transformers, insulators, conduits, ducts, vaults, manholes, meters, cutouts, switches, communication circuits, appliances 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.

E.    The phrase “construct, maintain and use” means to construct, erect, install, lay, operate, maintain, use, repair or replace. (Ord. 75, § 1; 1976 Code § 11-1.01; 1966 Code § 10000).

11.05.020 Franchise for electrical transmission to Pacific Gas and Electric Company.

The franchise to construct, maintain and use poles, wires, conduits and appurtenances, including communication circuits, necessary or proper for transmitting and distributing electricity to the public for any and all purposes, in, along, across, upon, under and over the public streets, ways and places within said city is granted to Pacific Gas and Electric Company, its successors and assigns. (Ord. 75, § 2; 1976 Code § 11-1.02; 1966 Code § 10001).

11.05.030 Term of franchise.

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, 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 said franchise and situate in the territorial limits of the state, municipal or public corporation purchasing or condemning such property, or until said franchise is forfeited for noncompliance with its terms by the grantee. (Ord. 75, § 3; 1976 Code § 11-1.03; 1966 Code § 10002).

11.05.040 Franchise fee.

The grantee of said franchise shall during the term thereof pay to the city two percent 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 one percent of the gross annual receipts of grantee derived from the sale of electricity within the limits of the city. (Ord. 75, § 4; 1976 Code § 11-1.04; 1966 Code § 10003).

11.05.050 Report of gross receipts.

The grantee shall file with the clerk of the city, 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 such grantee during the preceding calendar year, or such fractional calendar year, from the sale of electricity within the city. Such grantee shall pay to said city within fifteen days after the time for filing of 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 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 under this chapter. (Ord. 75, § 5; 1976 Code § 11-1.05; 1966 Code § 10004).

11.05.060 Origin of franchise.

Said franchise is granted under the Franchise Act of 1937. (Ord. 75, § 6; 1976 Code § 11-1.06; 1966 Code § 10005).