Clearlake Municipal Code § 13-2 Franchise Provisions

As used in this Chapter: CITY shall mean the City of Clearlake, a municipal corporation of the State of California, in its present incorporated form or in any later reorganized, consolidated, enlarged or reincorporated form. CONSTRUCT, MAINTAIN AND USE shall mean to construct, erect, install, lay, operate, maintain, use, repair or replace. GRANTEE shall mean Pacific Gas and Electric Company, and its lawful successors or assigns. POLES, WIRES, CONDUITS AND APPURTENANCES shall mean poles, towers, supports, wires, conductors, cables, guys, stubs, platforms, crossarms, braces, transformers, insulators, conduits, ducts, vaults, manholes, meters, cut- outs, switches, communication circuits, appliances, attachments, appurtenances, and, without limitation to the foregoing, any other property located or to be located in, upon, along, across, under or over the streets of City, and useful in transmitting and/or distributing electricity. STREETS shall mean the public streets, ways, alleys and places as the same now or may hereafter be established within City, and freeways hereafter established within City. (Ord. #11, S1)

The franchise to construct, maintain and use poles, wires, conduits and appurtenances necessary or proper for transmitting and distributing electricity to the public for any and all purposes, in, along, across, upon, under and over the streets within the City is hereby granted to grantee. (Ord. #11, S2)

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 subway or viaduct, provided, however, that the cost of any such relocation made necessary by any lawful change of grade, alignment or width of the construction or freeway constructed by the State of California shall be divided equally between any grantee and the State of California. (Ord. #11, S3)

The franchise shall be indeterminate, that is to say, the franchise shall endure in full force and effect until the same shall, with the consent of the Public Utilities Commission of the State of California, be voluntarily surrendered or abandoned by 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 domain, all property actually used and useful in the exercise of the franchise and situate in the territorial limits of the State, municipal or public corporation purchasing or condemning such property, or until the franchise shall be forfeited for noncompliance with its terms by grantee. (Ord. #11, S4)

Grantee shall during the term of the franchise pay to City two (2%) percent of the gross annual receipts of grantee arising from the use, operation or possession of the franchise; provided, however, that such payment shall in no event be less than one (1%) percent of the gross annual receipts of grantee derived from the sale of electricity within the limits of City. (Ord. #11, S5)

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 total gross receipts of grantee during the preceding calendar year, or such fractional calendar year, from the sale of electricity within City. Grantee shall pay to City within fifteen (15) days after the time for filing 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 grantee to file such verified statement, or to pay the 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 hereunder. (Ord. #11, S6)

The franchise is granted under the Franchise Act of 1937. (Ord. #11, S7)

This section shall become effective thirty (30) days after its final passage unless suspended by a referendum petition filed as provided by law. (Ord. #11, S8)

Grantee shall pay to City a sum of money sufficient to reimburse it for all publication expenses incurred by it in connection with the granting of the franchise. Such payment shall be made within thirty (30) days after City shall have furnished grantee with a written statement of such expenses. (Ord. #11, S9)

The franchise granted hereby shall not become effective until written acceptance thereof shall have been filed by grantee with the City Clerk of City. (Ord. #11, S10)

The City Clerk of City shall cause this section 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.