Placerville Municipal Code Ch. 6 Public Utilities

Wherever used in this chapter, unless therein otherwise expressly provided, the following terms shall have the meanings herein ascribed to them:

OPERATION: The construction, installation, conduct or maintenance of any equipment, facilities, or improvements of any public utilities or the making of additions to or the repair, replacement, alteration or extension of any part thereof.

PUBLIC UTILITY: The utilities and persons operating same, as defined and used in sections 2, 2-1/4, 2-1/2 and 2-3/4 of the public utilities act of the state, as now in effect and shall also include bus lines. (Ord. 667, 3-21-1939)

The general power of the council to grant franchises for the construction or operation of public utilities in, on, or over any of the public streets, ways, or other public property within the city shall be exercised in the manner provided by the constitution and statutes of the state. The council may, however, in such franchises, impose such other and additional conditions, provisions and regulations, whether governmental or contractual in character, as in its judgment are to the public interest, and which are not inconsistent with the constitution, the general laws, or statutes of the state, or of this chapter. (Ord. 667, 3-21-1939)

It shall be unlawful for any person to operate any public utility in, on or over any of the public streets, ways or other public property within the city without first having obtained from the council thereof a franchise therefor. (Ord. 667, 3-21-1939)

Whenever in the operation or maintenance of any public utilities, whether under a franchise or otherwise, or whether under a constitutional or legislative grant, or whether under a franchise heretofore granted, the council shall have the power to direct where poles and overhead wires shall be used and where underground conduits shall be used; to direct the removal of poles and overhead wires, and the installation of underground conduits in their place; to designate the location and order the change of location of poles and guy wires, and the height of wires thereto attached, the type and size of poles, their replacement and the painting of same; to require a joint use of poles by two (2) or more persons where practicable; and, without charge, to use said poles for the affixing thereto of fire alarm boxes and police telephones, and alarms and the wires therefor when practicable; to require the installation of switches for the operation of fire alarms, police telephones and alarms and to regulate the installation and maintenance of all other equipment used for the disposition of electrical energy or used on the public streets, ways, alleys or property. (Ord. 667, 3-21-1939)

It shall be unlawful for any person operating any public utility, whether under a franchise granted by the city, or under a so called constitutional or public grant franchise or otherwise, to excavate or lay in any street any pipe or conduit, or to excavate or install in any street any poles or wires, without first obtaining from the superintendent of streets a written permit therefor. (Ord. 667, 3-21-1939)

Every person operating a public utility who shall disturb any pavement in the operation of same shall promptly replace the same and put it in as good condition as it was before disturbed. If the person shall fail to perform his duty hereunder, the city may do the work and the person shall pay the cost thereof. All backfill work shall be done in a good and workmanlike manner. All work shall be done in an expeditious manner, shall not block more than one-half (1/2) of any street, and proper barricades, danger signs and lights shall be maintained in connection therewith. All work shall be done and materials shall be furnished to the satisfaction and approval of the superintendent of streets. (Ord. 667, 3-21-1939)

By the operation of any public utility, in, on or over any of the public streets, ways or other public property within the city, whether under a franchise granted by the city, or under a so called constitutional or public grant franchise, or otherwise, the person operating same shall be deemed to have guaranteed to save the city harmless from any and all damages or claims for damage to persons or property, and all costs and expenses in connection therewith, arising from the use of the public streets or ways and other public property within the city in connection with the operation of the public utility; and that he will remove and replace its facilities on public property made necessary by any change of grade, alignment or widening of any street or other public place, and that if he shall fail to perform his duty hereunder the city may perform the same and he will pay the cost thereof. (Ord. 667, 3-21-1939)

The city hereby reserves the right to impose upon any person operating or who may hereafter operate any public utility, whether they now have or may hereafter obtain a franchise from the city therefor, or whether the operation is under a so called constitutional or public grant franchise, or otherwise, reasonable regulations for the preservation of the public peace, health, safety and general welfare. (Ord. 667, 3-21-1939)

Any franchise issued by the city may be amended by mutual consent in a manner not in conflict with this chapter, which amendment shall be expressed by ordinance.

All franchises hereafter granted shall be deemed to have expressly included the terms of this chapter, and the operation of all public utilities under any franchise shall be subject to the terms of this chapter. (Ord. 667, 3-21-1939)