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HomeMy WebLinkAboutOrd 0396ORDINANCE NOe_ Wp ORDINANCE GRANTING TO PACIFIC GAS AND ELECTRIC COMPANY, ITS SUCCESSORS AND ASSIGNS, THE FRANCHISE TO USE, FOR TRANS- MITTING AND DISTRIBUTING ELECTRICITY WITHIN THE CITY OF BURLINGAME FOR ANY AND ALL PURPOSES OTHER THAN THOSE AUTHORIZED UNDER SECTION 19 OF ARTICLE XI OF THE CONSTITU- TION OF THE STATE OF CALIFORNIA AS SAID SECTION EXISTED PRIOR TO ITS AMENDMENT ON OCTOBER 10 19119 ALL POLES, WIRES, CONDUITS AND APPURTENANCES WHICH ARE NOW OR MAY HEREAFTER BE LAWFULLY PLACED IN THE PUBLIC STREETS, WAYS AND PLACES WITHIN SAID CITY, AND TO CONSTRUCT AND USE IN SAID PUBLIC STREETS, WAYS AND PLACES ALL POLES, WIRES, CONDUITS AND APPURTENANCES INCLUDING COMMU- NICATION CIRCUITS NECESSARY OR PROPER FOR SAID PURPOSES. The City Council of the CITY OF BURLINGAME do ordain as follows: Section le Whenever in this ordinance the words or phrases hereinafter in this section defined are used, they shall have the respective meanings assigned to them in the following definitions (unless, in the given instance, the context wherein they are used shall clearly import a differ- ent meaning):: (a) The word "grantee" shall mean Pacific Cas and Electric Company and its lawful successors or assigns; (b) The word "city" shall mean the City of Burlingame, a municipal corporation of the State of California, in its present incorporated form or in any later reorganized, consolidated, enlarged or reincorporated form; 1: (c) The word "streets" shall mean the public streets, ways, alleys and places as the same now or may hereafter exist within said city; (d) The phrase "poles, wires, conduits and appurtenances" shall mean poles, towers, supports, wires, conductors, cables, guys, stubs, platforms, crossarms, braces, trans- formers, insulators, conduits, ducts, vaults, manholes, meters, cut-outs, switches, communi- cation circuits, appliances, attachments, appurtenances and any other property located in, upon, along, across, under or over the streets of the city, and used or useful in the transmitting and/or distributing of electricity; (e) The phrase "construct and use" shall mean to construct, erect, install, lay, operate, maintain, use, repair or replace. (f) The phrase f1constitutional franchise" shall mean the right acquired through acceptance by said grantee or its predecessor in estate of the offer contained in the provisions of 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, Section 2, The franchise (a) to use, for trans- mitting and distributing electricity within the City of 2: Burlingame for any and all purposes other than those author- ized under said constitutional franchise, all poles, wires, conduits and appurtenances which now are or may hereafter be lawfully placed in the streets within said city, and (b) to construct and use in said streets all poles, wires, conduits and appurtenances, including communication circuits, neces- sary or proper for said purposes, is hereby granted to Pacific Gas and Electric Company, its successors and assigns, upon the terms and conditions set forth in the Franchise Act of 1937, Section 3* 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 Railroad Commission of the State of California, be volun- tarily surrendered or abandoned by the grantee, or until the state or some municipal or 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 said franchise and situate in the territorial limits of the state, municipal or public corporation purchasing or con- demning such property, or until said franchise shall be forfeited for noncompliance with its terms by the grantee* Section 4* All construction done under said fran- chise 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* 3: Section 5, A11 public streets, ways or places disturbed or excavated by grantee, its successors or assigns, under said franchise 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. Section 6. The grantee of said franchise shall during the term thereof pay to said city a sum annually which shall be equivalent to two per cent (21) of the gross annual receipts of said grantee arising from the use, operation or possession of said franchise; provided, however, that such payment shall in no event be less than a sum which shall be equivalent to one-half per cent IV (1/2%) of the gross annual receipts derived by grantee from the sale of electricity within the limits of such city under said franchise and said constitutional fran- chise. Section 7, The grantee shall file with the clerk of said 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 such grantee during the pre- ceding calendar year, or such fractional calendar year, from the sale of electricity within said city, Such grantee shall pay to said city within fifteen days after the time for filing such statement, in lawful money of 4: the United States, the aforesaid percentage of its gross receipts for such calendar year, or such fractional ealen- dar year, covered by such statement. Any neglect, omission or refusal by said 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 for- feiture of this franchise and of all rights of grantee hereunder. Section 8, This franchise is granted under and in accordance with the provisions of the Franchise Act of 1937. Section 9. Should said city hereafter acquire the properties of the grantee of said franchise located within the corporate limits of said city under the provisions of the Public Utilities Act of the State of California by pro- ceedings of eminent domain or condemnation the grantee of said franchise will not claim before the Railroad Commis- sion of the State of California, any court or public body, a value for said franchise in excess of the cost to the grantee of the necessary publication and any other sum paid by grantee to the city for said franchise at the time of the acquisition thereof. Section 10. This ordinance shall not become effec- tive until thirty days after its final passage, or, in the event it is suspended by a referendum petition filed as provided by law, then not until it has received the neces- sary vote to pass the same, and in no event shall it become effective until written acceptance hereof shall have been filed by the grantee with the City Clerk as 5: provided by law, and until certificate of convenience and necessity has been obtained from the Railroad Commission of the State of California authorizing grantee to exer. cise throughout the city the franchise granted hereby. Section 11. The grantee of said franchise shall pay to the 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 the city shall have furnished such grantee with a written statement of such expenses. Section 12. The City Clerk shall cause this ordi- nance to be published once within fifteen (15) days after its passage in the Burlingame Advance Star a newspaper of general circulation published and circulated in said city. First read at a regular meeting of the City Council of said city held on the lithday of 11ay 9 19 43 , and finally adopted and ordered published at a regular meeting of said Council held on the 17t day of May , 19 43 , by the following vote: AYES: Councilmen BURRO"';(3, COLLDIt6N, DkEL, HUNT, ROTH NOES: Councilmen NONE ABSENT: Councilmen NONr / i i' ice'/ +�✓'� Ma r o t e: tC� y of Burl ng�ame ATTEST: ��- c ty UlOrk of tte City of Burlingame 6 �(� :! IN OFFICS OF Cd T Y r s RK C'ii't' .SU'i?S.!N� AM