Chapter 14.16 — FRANCHISES—GAS AND ELECTRICITY

The franchise to install, maintain and use in the streets of the city all pipes and appurtenances for transmitting and distributing gas to the public for any and all purposes within said city is granted to Pacific Gas and Electric Company, its successors and assigns.

(Ord. 94-3 Div. II (part), 1994.)

Whenever in this chapter the words or phrases in this section defined are used, they shall have the respective meanings assigned to them in the following definitions unless, in the given instance, the context wherein they are used clearly imparts a different meaning:

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

"Gas" means natural or artificial gas, or a mixture of natural and artificial gas.

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

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

"Pipes and appurtenances" means pipes, pipelines, mains, services, traps, vents, vaults, manholes, meters, gauges, regulators, valves, conduits, appliances, attachments, appurtenances and 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 the transmitting and/or distributing of gas.

"Streets" means the public streets, ways, alleys and places as the same now or may hereafter exist within said city, including state highways, now or hereafter established within said city, and freeways hereafter established within said city.

(Ord. 94-3 Div. II (part), 1994.)

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 the 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 said franchise and situate 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 the grantee.

(Ord. 94-3 Div. II (part), 1994.)

The grantee of said franchise shall during the term thereof pay to the city two percent of the gross annual receipts of said 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 sale of gas within the limits of said city.

(Ord. 94-3 Div. II (part), 1994.)

The 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 hereof, and within three months after the expiration of each and every calendar year thereafter, a duly verified statement showing in detail the gross receipts of such grantee during the preceding calendar year, or such fractional calendar year, from the sale of gas within said city. Such grantee shall pay to said city within fifteen days after the time for filing such statement, in lawful money of the United States, the percentage of its gross receipts for such calendar year, or such fractional calendar year, covered by such statement. Any neglect, omission or refusal by said 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 the franchise and all rights of grantee under the franchise.

(Ord. 94-3 Div. II (part), 1994.)

The franchise is granted under the Franchise Act of 1937 (California Public Utilities Code Section 6201, et seq.).

(Ord. 94-3 Div. II (part), 1994.)

The franchise to construct and use, for transmitting and distributing electricity to the public for any and all purposes, poles, wires, conduits and appurtenances, including communication circuits, necessary or proper therefor in, along, across, upon and under the public streets, ways and places within the city its successors and assigns.

(Ord. 94-3 Div. II (part), 1994.)

Whenever in this chapter the words or phrases in this section defined are used, they shall have the respective meanings assigned to them in the following definitions unless, in the given instance, the context wherein they are used shall clearly impart a different meaning:

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

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

"Grantee" means the corporation to which the franchise contemplated in Sections 14.16.070 through 14.16.120 is granted and its lawful successors or assigns.

"Poles, wires, conduits and appurtenances" means poles, towers, supports, wires conductors, cables, guys, stubs, platforms, crossarms, braces, transformers, insulators, conduits, ducts, vaults, manholes, meters, cutouts, switches, communication circuits, appliances, attachments, appurtenances and 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 the transmitting or distributing of electricity.

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

(Ord. 94-3 Div. II (part), 1994.)

The 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 the 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 said franchise and situate 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 the grantee.

(Ord. 94-3 Div. II (part), 1994.)

The grantee of the franchise shall during the term thereof pay to said city two percent of the gross annual receipts of said 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 derived by grantee from the sale of electricity within the limits of such city.

(Ord. 94-3 Div. II (part), 1994.)

The 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 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 such grantee during the preceding calendar year, or such fractional calendar year, from the sale of electricity within said city. Such grantee shall pay to said city within fifteen days after the time for filing such statement, in lawful money of the United States, the percentage of its gross receipts for such calendar year, or such fractional calendar year covered by such statement. Any neglect, omission or refusal by said 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 the franchise and of all rights of grantee under the franchise.

(Ord. 94-3 Div. II (part), 1994.)

The franchise is granted under and in accordance with the provisions of said the Franchise Act of 1937 (California Public Utilities Code Section 6201; et seq.).

(Ord. 94-3 Div. II (part), 1994.)