Lafayette Municipal Code Ch. 7-2 Electricity Distribution Franchise

Whenever in this chapter the words and phrases defined in this section are used, they shall have the respective meanings assigned to them in the following definitions:

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

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

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

(d) "Poles, wires, conduits and appurtenances" means 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 the city, and used or useful in transmitting and/or distributing electricity.

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

(Ord. 16 § 1, 1968)

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 grantee.

(Ord. 16 § 2, 1968)

The grantee shall relocate, without expense to the 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 the city, including the construction of any subway or viaduct; provided, however, that the cost of any such relocation made necessary by the construction or any lawful change of grade, alignment or width of any freeway constructed by the state of California shall be divided equally between the grantee and the state.

(Ord. 16 § 3, 1968)

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 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 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 the grantee.

(Ord. 16 § 4, 1968)

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

(Ord. 16 § 5, 1968)

The grantee shall file with the city clerk of the city, within three months after the expiration of the calendar year, or fractional calendar year, following the date of the granting of the franchise, 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 the grantee during the preceding calendar year, or such fractional calendar year, from the sale of electricity within the city. The 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 the statement. Any neglect, omission or refusal by the 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 the grantee thereunder.

(Ord. 16 § 6, 1968)

The franchise is granted under the Franchise Act of 1937.

(Ord. 16 § 7, 1968)

The ordinance codified in this chapter shall become effective 30 days after its final passage, unless suspended by a referendum petition filed as provided by law.

(Ord. 16 § 8, 1988)

The grantee shall pay to the 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 30 days after the city has furnished the grantee with a written statement of such expenses.

(Ord. 16 § 9, 1968)

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

(Ord. 16 § 10, 1968)