Cupertino Municipal Code Ch. 6.08 Electricity–pacific Gas and Electric Company

Whenever in this chapter 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” means Pacific Gas and Electric Company, and its lawful successors or assigns;

B. The word “City” means the City of Cupertino, a municipal corporation of the State of California, in its present incorporated form or in any later reorganized, consolidated, enlarged or reincorporated form;

C. The word “streets” means the public streets, ways, alleys and places as the same now or may hereafter exist within City, including State highways, now or hereafter established within City, and freeways hereafter established within City;

D. The phrase “poles, wires, conduits and appurtenances” means poles, towers, supports, wires, conductors, cables, guys, stubs, platforms, cross arms, 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 the City, and used or useful in transmitting and/or distributing electricity;

E. The phrase “construct, maintain and use” means to construct, erect, install, lay, operate, maintain, use, repair or replace.

(Ord. 26, § 1, 1956)

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 City is granted to Pacific Gas and Electric Company, its successors and assigns.

(Ord. 26, § 2, 1956)

Grantee of this franchise shall relocate, without expense to City, any poles, wires, conduits and appurtenances theretofore installed, and then 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 this provision shall remain in effect only so long as such street, subway or viaduct remains under the jurisdiction of City as a City street, but shall cease to be applicable to any such street if and when the same becomes a freeway, nor shall it constitute a contractual obligation in respect to such freeway within the purview of Section 703 of the Streets and Highways Code of the State of California, or any corresponding provisions of law.

(Ord. 26, § 3, 1956)

The franchise shall be indeterminate, that is to say, the franchise shall endure in full force and effect until the same is, with the consent of the Public Utilities Commission of the State of California, voluntarily surrendered or abandoned by grantee, or until the State or some municipal or public corporation thereunto duly authorized by law purchases by voluntary agreement or condemns and takes under the power of eminent domain, all property actually used and useful in the exercise of the franchise and situated in the territorial limits of the State, municipal or public corporation purchasing or condemning such property, or until the franchise is forfeited for noncompliance with its terms by grantee.

(Ord. 26, § 4, 1956)

Grantee of the franchise shall during the, term thereof pay to City two 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 percent of the gross annual receipt of grantee derived from the sale of electricity within the limits of City.

(Ord. 26, § 5, 1956)

Grantee shall file with the City Clerk, within three months after the expiration of the calendar year, or fractional calendar year, following the date of the granting hereof, and within three 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 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 said 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. 26, § 6, 1956)

The franchise is granted under the Franchise Act of 1937.

(Ord. 26, § 7, 1956)