Milpitas Municipal Code Ch. 1 Granting a Franchise for Electrical Service

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:

The word "grantee" shall mean Pacific Gas and Electric Company, and its lawful successors or assigns.

(Ord. 12 (part), 4/20/54)

The word "city" shall mean the City of Milpitas, a municipal corporation of the State of California, in its present incorporated form or in any later reorganized, consolidated, enlarged or reincorporated form.

(Ord. 12 (part), 4/20/54)

The word "streets" shall mean 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.

(Ord. 12 (part), 4/20/54)

The phrase "poles, wires, conduits and appurtenances" shall mean 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.

(Ord. 12 (part), 4/20/54)

The phrase "construct, maintain and use" shall mean to construct, erect, install, lay, operate, maintain, use, repair or replace.

(Ord. 12 (part), 4/20/54)

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

(Ord. 12 (part), 4/20/54)

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 shall remain under the jurisdiction of 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 Streets and Highways Code of the State of California, or any corresponding provisions of law.

(Ord. 12 (part), 4/20/54)

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 Pacific Utilities Commission of the State of California, be voluntarily surrendered or abandoned by grantee, or until the state or some municipal or public corporation thereunder 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 grantee.

(Ord. 12 (part), 4/20/54)

Grantee of said franchise shall during the term thereof pay to city two per cent 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 per cent of the gross annual receipts of grantee derived from the sale of electricity within the limits of city.

(Ord. 12 (part), 4/20/54)

Grantee shall file with the Clerk of 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 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. 12 (part), 4/20/54)

Said franchise is granted under the Franchise Act of 1937.

(Ord. 12 (part), 4/20/54)

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

(Ord. 12 (part), 4/20/54)

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

(Ord. 12 (part), 4/20/54)

The franchise granted hereby shall not become effective until written acceptance thereof shall have been filed by grantee with the City Clerk.

(Ord. 12 (part), 4/20/54)