Loading...
O 062 . @~_ ~ ":l... - ORDINANCE GJW1TDG '1'0 PACIFIC GAS AND ELECTRIC CO!.!PANY , I'l'S SUCCESSORS AND ASSIGNS, THE DrANCHISE TO USE. J'OR TRAmIII'l'- TING AND DISTRIBl1rIRG ELmTRICITY "li:l't1.u{ THE om OJ' ARROYO GRANDi J'OR .ANY J.HD ALL PURPOSES OTHER THAN THOSE AU'rHORlZED URDER SJOOTION 19 OF .ARTICLE XI OJ' THE CONS'l'I'l'tI'l'ION . OJ' THE STATE OJ' CALIJ'ORNIA .AS SAID S1!JC'rIOH EXIS'rED PRIOR TO rrs AMERD1IBffr ON OC'l'OBER 10 19H. ALL POLES. WIRE. CONDUITS AND APPUR- TENANCJ3 1fBICH ARE NOW OR KAY HlREAJ'TER BE LADULLY PLACED IN 'rBEPUBLIC S'l'RDrS, ')fAYS AND PLACES nmIN SAID 'cm, A!I) TO CONS'rROOT AND OSE IN SAID PUBLIC STREETS, WAYS J.HD PLACES ALL POLES, WIRES, CONDurrs AND APPUR- TENANCES INCLUDING COMMUNICATION CIRCUI'l'S NmESSARY OR PROP:mFOR SAID PURPOSES. The Clt7 Council of the City of Arroyo Grande does ordain as follows: Section 1. Whene.er in this ordinance the words or phrases hereinafter in this section defined are used, they shall have the respectbe meanings assigned to them in the following definitions (unless. in the giTen instance. the con- text where.in they are used shall clearly import a different ,meaning): I ta) '1'he word -grantee. shall mean the cor- poration to which the franchise contemplated in this ordinance is granted and its lsWful succes- sors or assigns; (b) The word .city" shall mean the City of Arroyo Grande , a municipal corporation of the State of California, in its present incorporated form or in any later reorganized, consolidated. enlarged or re-incorporated form; tc) The word -streets. shall mean the public streets, ways. alleys and places as the same now or may hereatter exist within said city; " . .... ~. -_.,-------- ------ . (eI) '!he phra.. .pole., dns, eodu1ts aDd appurtenano.s- shall ..an pole., to.era, .upport. dr.s. oon4uctors. oable., SUJ'.. stubs, plat- forma, eroS'UDa. br..... transformers, .insu- lators. oonduits. duots, yaults, manhol.s. meters out-outs. switoh... ~Ul1..at1on olrou1'.. ap- 0 p11ano... .ttaobment.s, allurtenanoe. 8D4 any ot.he: property louted or to be looateelb. upon.aloD8 aoros., under or oyer the .'ro-'s of the 01t1; and uaed or uaatul 1n the t.raq-lI1tt1ag aDd/or dlstrlbut1D8 of electrlolty; (e) '!he phrase .oonstruct an4 us.. shall mean to oonstruct. ereot, 1nstall, la" opent.. maintain. use, repair or raplaoe. (f) ~he phras. .oonstitutional tranoh1ae. shall mean the right aoquired through ao.aptanoe b1 said crant.. or 1 ts predeoessor in .state of the offer'oontalned in the pro1isiol18 of Seotlon 19 of Artiole II of the Constitution of t.he State of.Calitornia. as said ..otion existeel prior to 1ts ..-n4ment on Onobar 10. 1911. Seotion 2. '!he tranohise Ca) to use. for trans- mittins aDd dlstributiD8 electrioity within the 01t1 ot Arroyo Grande tor any aDd all purpos.s other .than those authonzeel unaer said constitutional trano1ds.. all po1.s. w1res. ooDdu1ts and appurtenanoes whioh now are Ie '-'--~-.'-'-----"--" --- or may hereafter be lntully plaoed in the .'rena ,,1thtn sald city, and (b) to oonstruct and use 10. said streets all poles, ,,1res, oonduits and appurtenanoes. Inolw1iDS oommunioatlon oirouits, neoessary or proper for sa14 pur- poses. 18 hereby granted to Pacific Gas and Eleotric Company upon the terms and oonditiou set torth b the J'rath1.. Aft of US". Seotion a. Said fr..ohi88 shall be iD4etu- min..t., ,hat '18 to aay, said franohiee ahall endure 1D full toroe and eft..t until the aame ahall, ,,1th 'he ooueat ot the BaUroa' Cc.daalon of the State of Call- toma, be tol\lD\ar11)' surrendered or abandoned by the Sftn'ee, or until the state or some munioipal or publ10 oorporation thereunto dUly authorize' by law shall purohUe by Toluntary agrecent or shall oondemn and take under the power ot eminent domain. all property aotually use' and u.etul in the exeroise ot said tranohise and situate 112 the territorial 11111t. of the atate. munioipal or publio oorpo~tlon purohaeiq or oondlllllDiq suoh property, or until said franohiae ahal1 be torteited tor nonoom- plianoe with Ita t.erma by the erantee. Section 4. '!'he grantee ot sald tranoblse ahall during t.he term thereot pay t~ sai4 cit7 a .. auaally whloh shall be _quha1ent t~ two per oent ot the ero.. annual reoeipts of said Sftntee ar1sing from the use, op- eration or posseasion ot said franohise; proT14ec1, hoWeYer. J: _n.__...___ "-- that such payment shall in no eTent be less than a sum whioh shall be equiTalent to one-halt per cent ot the gross annual receipts derived by grantee from the sale ot electricity within the limits ot such oity under said franchise and said oonstitutional tranchise. Section 5. The grantee shall tile with the clerk ot said city, within three months atter the expiration ot the calendar year, or tractional calendar year, tollowing the date of the granting hereot, and within three months after the expiration ot each and every calendar year there- after, a duly veritied statement showing in detail the total gross receipts ot such'grantee during the preceding calendar year, or suoh tractional oalendar year, trom the aale ot electricity within said oity. Suoh grantee shall pay to /said city within fifteen days atter the time for filing such~ statement, in lawful money ot the united states, the atore- said percentage ot its gross receipts tor such calendar year, or such tractional calendar year, covered by such statement. Any neglect, omission or retusal by said grantee to file such verified statement, or to pay s8id peroentage at the time and in the manner specified, shall be grounds for the declaration of a forteiture ot this franchise and ot all rights ot grantee hereunder. Section 6. This franchise is granted under and in aooordance with the provisions of said Franohise Act of 1937. Section 7. This ordinanoe shall beoome ettective thirty days after its final passage, unless suspended by a referendum petition tiled as provided by law. 4: Section S. The grantee ot .aid tranohis. .hal~ pay to the city a sum ot mon.y .uttici.nt to r.imburse It tor all publication .xp.n... inourred by it in oonnection with the granting thereot; suoh payuDt to be made within thirty day. att.r the oity .hall have furnish.d suoh grantee with. written .tatement at such e%pen... . Section 9. The tranchise granted hereby shall not beoome ettective until written acoeptance th.reot shall have been tiled by the grantee with the City Clerk. Section 10. Th. City Clerk shall cause this ordinanoe to be published once within titteen (~5) days atter its passage in ~ ~ ~ a newspaper at general ciroulation published and oirculated in said city. First read at a regular meatiDg ot the City Council at said city held on the ~4.Y ot ~ 19~. and tinally .adopted and ordered publIshed at s regular meeting ot said Council held on the J 9~day ot ~ . 19~. by the tOllowiDg vote: ~~ AYES: Councilmen ~ ~. ...., coun.~--- J,BSERr: Councilmen ~ ....~~ ~'... ../. aJ 0 . "Y 0 AT'lIS'l' : Arroyo Grande J'i'li~r~~e~;::; ot Arroyo Grande -----..- ____w.__.,,__~