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HomeMy WebLinkAboutOrdinance 015 r Elec. Indet. A.P. 1 ORDINANCE NO. 15 r 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 r municipal spa corporation of the State. of .California, in r r r r r 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 r 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. Y 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`. r 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 1 1