Article II — ELECTRIC FRANCHISE

For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:

Constitutional franchise. The right required through acceptance by the grantee or its predecessor in estate of the offer contained in the provisions of section 19 of article XI of the Constitution of the State, as such section existed prior to its amendment on October 10, 1911.

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

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

Poles, wires, conduits and appurtenances. 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 Town, and used or useful in the transmitting and distributing of electricity.

Streets. The public streets, ways, alleys and places as the same now or may hereafter exist within the Town.

(Code 1968, § 32-1)

Cross reference— Definitions and rules of construction generally, § 1.10.015.

The franchise to use, for transmitting and distributing electricity within the Town, for all purposes other than those authorized under the constitutional franchise, all poles, wires, conduits and appurtenances which now are or may hereafter be lawfully placed in the streets within the Town; and to construct and use in the streets all poles, wires, conduits and appurtenances, including communication circuits, necessary or proper for such purposes, is hereby granted to Pacific Gas and Electric Company upon the terms and conditions set forth in the Franchise Act of 1937.

(Code 1968, § 32-2)

The franchise granted pursuant to this article shall be indeterminate, that is to say, such franchise shall endure in full force and effect until the same shall, with the consent of the Public Utilities Commission of the State, 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 such franchise and situate in the territorial limits of the State, municipal or public corporation purchasing or condemning such property, or until such franchise shall be forfeited for noncompliance with its terms by the grantee.

(Code 1968, § 32-3)

The grantee of the franchise granted pursuant to this article shall during the term thereof pay to the Town a sum annually which shall be equivalent to two (2) percent of the gross annual receipts of such grantee arising from the use, operation or possession of such franchise; provided, that such payment shall in no event be less than a sum which shall be equivalent to one-half percent of the gross annual receipts derived by the grantee from the sale of electricity within the Town under such franchise and the constitutional franchise.

(Code 1968, § 32-4)

The grantee shall file with the Town Clerk, 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 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 the Town. Such grantee shall pay to the Town within fifteen (15) days after the time for filing such statement, in lawful money of the United States, the percentage of its gross receipts as specified in section 27.20.025, for such calendar year or such fractional calendar year, covered by such statement.

Any neglect, omission or refusal by the grantee to file such verified statement, or to pay such 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 the grantee hereunder.

(Code 1968, § 32-5)

The franchise granted pursuant to this article is granted under and in accordance with the provisions of the Franchise Act of 1937.

(Code 1968, § 32-6)