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;
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(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*
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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
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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
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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
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Ma r o t e: tC� y of Burl ng�ame
ATTEST: ��-
c ty UlOrk of tte City of
Burlingame
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