HomeMy WebLinkAboutOrdinance 015 r
Elec. Indet. A.P.
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ORDINANCE NO. 15
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ORDINANCE GRANTING TO PACIFIC GAS AND ELECTRIC COMPANY,
ITS SUCCESSORS AND ASSIGNS, 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 AND PLACES WITHIN THE CITY
OF ATASCADERO
The City Council of the City of Atascadero does ordain
as follows:
rSection 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:
(a) The word "Grantee" shall mean Pacific Gas and Electric
Company, and its lawful successors or assigns.
(b) The word "'City" shall mean the City of Atascadero a
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municipal spa corporation of the State. of .California, in
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Elec. Indet. A.P.
r (e) The phrase "construct, maintain and use41 shall mean to
construct, erect, install, lay, operate, maintain, use,
repair or replace.
Section 2. The franchise to construct, maintain and use
poles, wires, conduits and appurtenances necessary or proper for
rtransmitting and distributing electricity to the public for any
and all purposes, in, along, across, upon, under and over the
streets within City is hereby granted to Grantee.
Section 3. Grantee shall relocate, without expense
to City, any poles, wires, conduits and appurtenances constructed,
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 subwa Y or
viaduct, provided, however, that the cost of any such relocation
made necessary by the construction or any lawful change of
' Elec. Indet. A.P.
' Section 5. Grantee shall during the term of said
franchise pay to City two per cent (2%) of the gross annual receipts
' of Grantee arising from the use operation on or possession of .said
franchise; provided, however, that such payment shall in no' event
be less than one per cent (l%) of the gross annual receipts of
rGrantee derived from the sale of electricity within the limits of
City.
Section 6 Grantee shall file with the City Clerk of
City, within three (3) months after the expiration of the calendar
year, or fractional calendar year, following the date of the
granting hereof, and within three (3) months after the expiration
of each and every calendar year thereafter, a duly verified
' statement showing in detail the totalross receipts of g p f Grantee
during the preceding calendar year, or such fractional calendar
year, from the sale of electricity within City. Grantee shall pay
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rElec. lndet. A.P.
' Section 9. Grantee shall pay to City a sum of money
sufficient to reimburse it for all publication expenses incurred
rby it in connection with the granting of said franchise. Such
rpayment shall be made within thirty (30) days after City shall
have furnished Grantee with a written statement of such expenses.
rSection 10. The franchise granted hereby shall not
become effective until written acceptance thereof shall have been filed
' by Grantee with the City Clerk of City.
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Section 11. The City Clerk of City shall cause this
ordinance to be posted in at least three (,3) public places in
City in accordance with Section 36933 of the Government Code of
the State of California.
' First read at a regular meeting Y of the Cit Council of
City held on the l4 thday of January 1980
and finally adopted and ordered posted at a regular meeting of
;a 4-1-,=, 1Q+-'InA r t-l'F_ .TAniigrST 1 C1 80`.
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CERTIFICATION
I hereby certify that the foregoing is a full, true,
and correct copy of Ordinance No. 15 passed by the
Atascadero City Council at its regular Council meeting held
on January 28, 1980
' 4RRAY/S. WARDEN, City Clerk
y f Atascadero, California
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