Sutter County Municipal Code Ch. 1050 Pacific Gas and Electric Company

The right, privilege and franchise (a) of erecting, constructing, installing, and maintaining electric lines consisting of poles, conduits, and/or other suitable structures, with wires, cables, and/or other appliances installed thereon or therein, including communication circuits, in so many and in such parts of the public highways, streets, roads and places of said county, including state highways now or hereafter established in said county, as the grantee of said right, privilege and franchise, its successors or assigns, may from time to time elect to use for the following purposes, and (b) of using such electric lines for transmitting, conveying, distributing, and supplying electricity to the public for any and all purposes, are hereby granted by said County of Sutter, to Pacific Gas and Electric Company, its successors and assigns.

(Ord. 183, Sec. 1; Dec. 19, 1951)

The term of said franchise shall commence with the effective date hereof, and continue and remain in full force and effect until such time as the grantee hereof, its successors or assigns, shall surrender or abandon same or said franchise shall be forfeited for noncompliance by the possessor thereof with its terms, or the State of California, said county or other public corporation thereunto duly authorized, shall purchase by voluntary agreement or shall condemn and take under the power of eminent domain in accordance with then existing law all property actually used and useful in the exercise of said franchise situate within the unincorporated area of said county. Said 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. 183, Sec. 2; Dec. 19, 1951)

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

(Ord. 183, Sec. 3; Dec. 19, 1951)

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

(Ord. 183, Sec. 4; Dec. 19, 1951)

The owner for the time being of said 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. 183, Sec. 5; Dec. 19, 1951)

The grantee of said franchise, its successors and assigns, shall, during the term for which the same is granted, pay to said county 2% of its or their gross annual receipts arising from the use, operation or possession thereof; provided, however, that no percentage shall be paid for the first five years succeeding the date of the grant of said franchise, but thereafter such percentage shall be payable annually, and if such payment shall not be made, such 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. 183, Sec. 6; Dec. 19, 1951)

The grantee, its successors and assigns, shall remove or relocate at its sole expense any facilities heretofore or hereafter installed, used, or maintained by it in any public street, alley, highway, county freeway, road, or other public place, constituting a county road now or hereafter existing under the jurisdiction of the County, and so long as such road shall continue to be a county road, whenever necessary by reason of any work or improvement or traffic needs upon such county road; provided, that the foregoing provisions shall apply only to county roads and remain in force and effect only so long as the public road in which said franchise properties shall have been constructed or installed, shall remain a county road, and said provisions shall cease to apply to any such public roads when they shall cease to be county roads, and shall at no time apply to any public road in the county now or hereafter established as a state freeway, nor shall they constitute obligations in respect to state freeways within the purview of Section 703 of the Streets and Highway Code of the State of California.

(Ord. 183, Sec. 7; Dec. 19, 1951)

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

(Ord. 183, Sec. 8; Dec. 19, 1951)