Del Rey Oaks Municipal Code Ch. 5.16 Franchises

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:

Grantee means Pacific Gas and Electric Company and its lawful successors or assigns.

City means the city of Del Rey Oaks, a municipal corporation of the state of California in its present incorporated form or in any later reorganized, consolidated, enlarged or reincorporated form.

Streets means the public streets, ways, alleys and places as the same now are or may hereafter established within the city.

Poles, wires, conduits and appurtenances means poles, wires, towers, supports, 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 the city and used or useful in transmitting and/or distributing electricity.

Construct, maintain and use means to construct, erect, install, lay, operate, maintain, use, repair, or replace.

(Prior code § 13-101)

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

(Prior code § 13-102)

Grantee of this franchise shall relocate, without expense to the 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 street by the city, including the construction of any subway or viaduct shall remain under the jurisdiction of the city as a city street, but shall cease to be applicable to any such street if and when the same shall become a freeway, nor shall it constitute a contractual obligation in respect to such freeway within the purview of Section 703 of the Street and Highways Code of the State of California, or any corresponding provisions of law.

(Prior code § 13-103)

Said franchise shall be indeterminate, that is to say, said 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 of 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 said franchise and situated in the territorial limits of the state, municipal or public corporation purchasing or condemning such property, or until said franchise shall be forfeited for noncompliance with its terms by grantee.

(Prior code § 13-104)

Grantee of said franchise shall during the term hereof pay to the city two percent of the gross annual receipts of grantee arising from the use, operation or possession of said franchise; provided, however, that such payment shall in no event be less than one percent of the gross annual receipts of grantee derived from the same of electricity within the limits of the city.

(Prior code § 13-105)

Grantee shall file with the clerk of the city, within three months after the expiration of the calendar year, or fractional calendar year, following the date of the granting hereon, and within three months after the expiration of each and every calendar year thereafter, a duly certified 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 the city. Grantee shall pay to the city within 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 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.

(Prior code § 13-106)

Said franchise is granted under the Franchise Act of 1937.

(Prior code § 13-107)

This chapter shall become effective 30 days after its final passage unless suspended by a referendum petition filed as provided by law.

(Prior code § 13-108)

Grantee of said franchise shall pay to the city a sum of money sufficient to reimburse it for all publications expense incurred by it in connection with the granting thereof; such payment to be made within 30 days after the city shall have furnished grantee with a written statement of such expenses.

(Prior code § 13-109)

The franchise granted shall not become effective until written acceptance thereof shall have been filed by grantee with the city clerk.

(Prior code § 13-110)