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Home My WebLink AboutOrdinance 283 N.C.S. 06/19/1953ORDINANCE NO. 283 N.C.S. INTRODUCED BY COUNCITIVAN SECONDED BY COUNICILM&N C. Brown Lei ORDINANCE GRAVITIM TO PACIFIC GAS AND ELECTRIC COMPANY ITS SUCCESSORS AND ASSIGNS., TIM, IMANCHISE (1) TO USE, FOR TRANST.-TITTING- AITD DISTRIBUTIM --/ELECTRICITY, SUITED FOR LIGHTINGO FOR USE BY CON.. SMERS FOR ANY AND ALL LAWFUL PURPOSES OTHER THAN LIGHTINGs ALL POLr1,Ss I-11RES0 CONDUITS AND APPURTEN.. ANCES V41IGH ARE NOW OR IMY_IMREAFTER BE LAWFULLY PLACED AND MIN TAIVEM IN THE PUBLIC STREETS AND PLACES WITHIN THE CITY OF PETALUMA UNDER THAT CERTAIN FRANCHISE OF GRANTEE ACQUIRED PMISUANT TO SECTION 19 OF ARTICLE XI OP -THE- CONSTITUTION OF THE STATE OF CALIFORM0 AS SAID SECTION - EXISTED PRIOR TO ITS A14ENM-NT ON OCTOBER 10s, 191120 ASNtl (2) TO CONSTRUCT, MIKINTAIN AND USE IN SAID PUBLIC STREETS AND PLACES ALL POLR'Sq WIRES CONDUITS Alt APPURTEK_ ANCES,, INCLUDING COMUNICATION CIRCUITS,, 1',ZEDEVER AND WHEREVER SAID CONSTITUTIONAL MITCHISE SIMLL NOT BE AVAIL 0MTHM-EFOR,, NECESSARY TO TRANSMIT AND DISTRIBUTE BMCTRICITY SUITED FOR., AND FOR USE BY CONSUPERS FOR:, ANY OR ALL LAWFUL PURPOSES. BE IT ORDAINED BY TRE COUNCIL OF THE CITY OF FETALMA AS FOLLOWS: Section 1. Whenever In this ordinance 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 instanoep the context wherein they are used shall clearly import a different meaning)t (a) The word "rrantee" shall mean Pacific' Gas and Flectric Companyr Its lawful successors or assigns& P (b) The word "city" shall mean the City of Petaluma, a m!=Icipal cor-roratlon of the State of California# in its present In.,,, corporated form or In any later reorganized,, -consolidated, enlarged or rdincorporated form; (c) The word "streets" shall mean the publib streets, ways, alleys and places as the same not, or may hereafter exist within said city, Including state hiGhways,p now or hereafter established within said city, and freeways hereafter established within said cityo 2 (d) The phrase "poles,, wires, conduits and appurtenances" shail mean poles, towers, supports, wires, conductors, cables, guys, stubs, platforms, crossarms, braces, transforn.ers, insulators, SL5507564 conduits.9 ducts, vaults..> manholes,, meters., out -outs, switches, oomunloation circuits,, appliarices,, attacbments,, 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 or elootricit (a) The phrase "construott maintain and use" shan mean to construel ereot,Installp operate$ maintain,, use,, repair or replace,, M The phrase "constitutional franehiss" shall mean the right a6i. in estate of the offer contained it the provisions of Section 19 of Article XT of the Constitution of the State of Callfornlaq As skid section existed prior to its amendment on Odtobe r 100 Section 2. The franchise (1) to use, fortrawmittlng and distributing electricitys suitod for lightlngfor use by consumrs for any and all lawful purposes other than lightings, all poles,, wires,, conduits and appurtenances which are-4--ow or may hereafter be lawo. fully placed and maintained In the 'public streets and plates uithin said city under that certain franchise of grantee acquired pursuant to Section 19 of Artiole"XI of the Cotistitution of the State of California,, as said section existed prior to Its amendment on October 109 1911, and'(2) to construct, maintain and use in said public streets and places all poles, wires, conduits atd appurten- ances, including dmmmmication o1roults,'wherjover and wherever said constitutional franchise shall not.be available therefor, necessary to transmit and distribute 016otricity sulted,for, and for use by consumers for* any or all lawfulpurp6ses, is hereby C""anted to Pacific Gas 'and Electric Companyp Its aucoelsso'rs and assigns. Section 3. Said-frinchise -shall be indeterminate, that Is to saw said franchise shan.endure In full force and effect until the same shallp with the consent of the Public Utilities Commission SL5507565 21 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 doma.1% all property actually used and useful in the exer.. else 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 non- compliance with its to by the grantee, SePtion ko The grantee of said franchise shall during the term thereof pay to said city a sum annually which shall be equiva. lent to two per cent of the gross annual receipts of said grantee arising from the use, operation or possession ot said franchise; provided, however,9 that such payment shall In no event be less than a simi which shall be equivalent to one.,half per cent of the gross annual receipts derived by grantee from the sale of electri. city within the limits of such city under said franchise and said constitutional franchise, Section 5, The grantee shall file with the Clerk of said city, within three rabnths after the expiration of the calen- deav year, or fractional calendar year,, following, the date of the I 1 1! 1, !1 1, 111151milillplIm 11 111 each and every calendar year thereafterI a duly verified statement showing in detail the total gross receipts cif"suchgrantee during from the salt) of electricity within said city, Such grantee shall pay to said city within fifteen diye after the time for filing such statement# in lawful money of the United States,, the aforesaid q-�ercentage of Its gross reoelpts for such calendar year, _or -such fractional calendar year, covered by such statement, Any neglecto omission or refusal by said grantee to file such. verified state. ment,, or to pay said percentage at the time and In the manner specified, shall be grounds for the doe larat I= of a f orfeAture sf this franchise and of all rightt of grantee hereunder, SL5507566 Section 6, .ham franchise Is granted under the Franchise Act of 1937, and pursuant to the City Charter, Section 7, The compensation reserved to the city for the privilege hereby granted shall be that set forth In Seetion hereof,, which Is deemed by the city to be adequate compensation for such privilege, Section 8, The right Is hereby reserved to tho city to take over at any time during the duration of this franchise,, In properties, such portion of the public utilityss properties owned by the granteeIts successors or assIgns, as are located within the limits of the City of Petalumawithout compensation for the value of the franchise granted hereby,, Section go The grantee of this franchia'a shall (a) con. struct,, install and maintain all Volost wires# conduits and appur. tonances in accordance with and In conformity with &V. of the ordlmances,o rules and regulations heretofore or hereafter adopted' by the legislative body of the City of Petaluma in the exercise of its police powers* (b) pay to the City of Petaluma on demmado the cost of all repairs to public property ado necessary by any opera-, tions of the grantee under this ±r1anehise; (o) Indemnify and hold harmless the City of Petaluma and Its officers from any end a1A 11abillty for damages proximately resulting from any operations under this franchise- (d) remove or relocate $- witbeut expense to the City of Petaluma any facilities Installed, used and maintaine under this franchise , In any streets'l :including on Way bridor artificial support In or underlying any such street,. so'long as such streebrIdge or artcial support shall remain under the .jurisdiotion of the city as a city street, where such removal or relocation Is made necessary by any lawful change of gradp,, alIgn. raent or width of such street, Ineluding the oonstruction of any subway or viaduot, andalso where such removal or relocation is SL5507567 Sootion 100 7"he grantee of this franohise agree's that the My of Pstalum whan act ina in a ":"Ovexmzontaoapacity# m7 imMove arq street or portion tbereof , in whieh fraaohlse e COTJNTY OP SONOFAo ss I# GladysR. U'allin, City Clork of the City of Petal and ex-offioio Clerk of the Council of said City.9 do hereby oartify Vhat the ..,above and -foregoing Jea full true and WITNESS n City affixed t rdy office in the City of Petalma, County State of California$ this 19th day of Junk 53. e SL5507569