Sutter County Municipal Code Ch. 1020 Pacific Gas and Electric Company

The right, privilege and franchise of erecting, constructing and maintaining electric lines consisting of poles or other suitable structures and wires, cross-arms and other appliances installed thereon, including wires for the private telegraph purposes of the grantee, in so many and in such parts of the public highways, streets, roads and places of said County of Sutter as the grantee of said right privilege and franchise may from time to time elect to use for the purposes hereinafter specified, and of using such electric lines for the purpose of transmitting, conveying, distributing and supplying electricity to the public for light, heat, power and all lawful purposes, are hereby granted by said County of Sutter to Pacific Gas and Electric Company, its successors and assigns.

(Ord. 102, Sec. 1; Apr. 5, 1938)

All electric lines which shall be constructed and used under and pursuant to the provisions of this chapter and in the exercise of the right, privilege and franchise herein granted shall be erected and constructed in a good and workmanlike manner under the direction of the Road Engineer of the County of Sutter, and shall be maintained in compliance with all valid laws and ordinances from time to time in force.

(Ord. 102, Sec. 2; Apr. 5, 1938)

The owner for the time being of the said right, privilege and franchise shall, immediately upon erecting, constructing, replacing or repairing the said electric lines, or any part thereof, at its own cost and expense place said highways, streets and roads, or so much thereof as may have been affected thereby, in as good order and condition as that in which they were before being disturbed or excavated for the purpose of erecting, constructing, replacing or repairing said electric lines, or any part thereof.

(Ord. 102, Sec. 3; Apr. 5, 1938)

The owner for the time being of said right, privilege and franchise shall have the right to maintain, repair and replace any or all of such electric lines from time to time as may be necessary and proper.

(Ord. 102, Sec. 4; Apr. 5, 1938)

The grantee of the aforesaid right, privilege and franchise, its successors and assigns, shall, during the term for which the same is granted, pay to the said county of Sutter 2% of its or their gross annual receipts arising from the use, operation or possession thereof; provided, however, that no percentage shall e paid for the first five years succeeding the date of the grant of said right, privilege and franchise, but thereafter such percentage shall be payable annually, and if such payment shall not be made, such right, privilege and 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.

(Ord. 102, Sec. 5; Apr. 5, 1938)

The term of this franchise shall start with the effective date of this ordinance and continue in full force and effect until such time as the possessor thereof shall with the consent of the Railroad Commission of the State of California voluntarily surrender or abandon same, or until the State of California, the County of Sutter, or other 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 this franchise situate within the unincorporated area of the County of Sutter, or until this franchise shall be forfeited for non-compliance with its terms by the possessor thereof; provided, however, that, in no event, shall this franchise or its term extend beyond 50 years from and after the effective date of this ordinance. This franchise shall never be considered or taken into account, in fixing the value of said property, in excess of the actual cost to the grantee hereof in procuring the same.

(Ord. 102, Sec. 6; Apr. 5, 1938)

The franchise granted hereby shall not be exclusive.

(Ord. 102, Sec. 7; Apr. 5, 1938)

The said right, privilege and franchise are granted under and pursuant to the provisions of the laws of the State of California which relate to the granting of rights, privileges and franchises by counties.

(Ord. 102, Sec. 8; Apr. 5, 1938)