Sebastopol Municipal Code Ch. 5.26 Granting Franchise to Pacific Gas and Electric for the Transmission And…

This chapter, and any other proceedings in connection with the granting of the franchise herein provided for, shall not be considered or construed to be a release of, a waiver of, or in derogation of the rights and privileges that the grantee hereunder now owns of using the public streets and thoroughfares of said City of Sebastopol and of installing and using conduits, conductors, structures, poles, wires and connections therewith under and pursuant to the provisions of Section 19 of Article XI of the Constitution of the State of California as the same existed prior to its amendment on October 10, 1911.

A. The franchise (1) to use, for the transmission and distribution of electric energy within the City of Sebastopol for any and all purposes other than those authorized under Section 19 of Article XI of the Constitution of the State of California as said section existed prior to its amendment on October 10, 1911, all electric transmission and distribution lines, structures and apparatus that are now or may hereafter be lawfully placed in the public streets, ways and places within said City, and (2) to construct, maintain and operate in said public streets, ways and places all conduits, conductors, structures, poles, wires and apparatus necessary or proper for said purposes, is hereby granted to Pacific Gas and Electric Company, its successors and assigns, for the term of 50 years from and after the effective date of the ordinance codified in this chapter upon the terms and conditions in this chapter prescribed.

B. All construction done under said franchise shall be done subject to the general supervision and direction of the proper authorities of said City and in compliance with all valid ordinances and regulations which are now or shall hereafter be enacted and prescribed by said City under its police power.

All public streets, ways or places disturbed or excavated by grantee, its successors or assigns, hereunder, shall at its or their own cost and expense immediately be placed in as good order and condition as same were in before being so disturbed or excavated.

The grantee of said franchise, its successors or assigns shall during the life of said franchise pay to said City two percent of the gross annual receipts of said grantee, its successors or assigns, arising from the use, operation or possession of said franchise. No percentage shall be paid for the first five years succeeding the date of this franchise, but thereafter such percentage shall be payable annually; and in the event said payment shall not be made said franchise shall be forfeited; provided, however, that if said franchise be a renewal of a right already in existence, the payment of said percentage of gross receipts shall begin at once.