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Home My WebLink About16Elec. Indet. A.P. ORDINANCE NO. 16 ORDINANCE GRANTING TO PACIFIC GAS AND ELECTRIC COMPANY, ITS SUCCESSORS AND ASSIGNS, THE FRAN- CHISE TO CONSTRUCT, MAINTAIN AND USE POLES, WIRES, CONDUITS AND APPURTENANCES, INCLUDING COMMUNICA- TION CIRCUITS, NECESSARY OR PROPER FOR TRANSMITTING AND DISTRIBUTING ELECTRICITY TO THE PUBLIC FOR ANY AND ALL PURPOSES IN, ALONG, ACROSS, UPON, UNDER AND OVER THE PUBLIC STREETS AND PLACES WITHIN THE CITY OF DANVILLE The City Council of the City of Danville does ordain as follows: Section 1. 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: (a) The word "Grantee" shall mean Pacific Gas and Electric Company, and its lawful successors or assigns. (b) The word "City" shall mean the City of Danville a municipal corporation of the State of California, in its present incorporated form or in any later reorganized, consolidated, enlarged or reincorporated form. (¢) The word "streets" shall mean the public streets, ways, alleys and places as the same now or may hereafter be established within City, and freeways hereafter established within City. (d) The phrase "poles, wires, conduits and appurtenances" shall mean poles, towers, supports, wires, conductors, cables, guys, stubs, platforms, crossarms, braces, trans- Elec. Indet. A. ~ formers, insulators, conduits, ducts, vaults, manholes, meters, cut-outs, switches, communication circuits, appliances, attachments, appurtenances, and, without limitation to the foregoing, any other property located or to be located in, upon, along, across, under or over the streets of City, and useful in trans- mitting and/or distributing electricity. (e) The phrase "construct, maintain and use" shall mean to construct, erect, install, lay, operate, maintain, use, repair or replace. Section 2. The franchise to construct, maintain and use poles, wires, conduits and appurtenances necessary or proper for transmitting and distributing electricity to the public for any and all purposes, in, along, across, upon, under and over the streets within City is hereby granted to Grantee. Section 3. Grantee shall relocate, without expense to City, any poles, wires, conduits and appurtenances constructed, maintained or used under this franchise, of and when made necessary by any lawful change of grade, alignment or width of any streets by City, including the construction of any such relocation made necessary by the construction or any lawful change of grade, alignment or width of any freeway constructed by the State of California shall be divided equally between Grantee and the State of California. Section 4. Said franchise shall be for 25 years. Said franchise shall endure in full force and effect until the same shall, with the consent of the Public Utilities Commission of the State of California, be voluntarily surrendered or abandoned by Grantee, or until the State or some municipal or public corporation thereunto duly authorized by law shall purchase by voluntary agreement or shall -2- Elec. Indet. A.P. 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 condemning such property, or until said franchise shall be forfeited for noncompliance with its terms by Grantee. Section 5. Grantee shall during the term of said franchise pay to City two per cent (2%) of the gross annual receipts of Grantee arising from the use, operation or possession of said franchise; provided, however, that such payment shall in no event be less than one per cent (1%) of the gross annual receipts of Grantee derived from the sale of electricity within the limits of City. Section 6. Grantee shall file with the City Clerk of City, wihtin three (3) months after the expiration of the calendar year, or fractional calendar year, following the date of the granting hereof, and within three (3) months after the expiration of each and every calendar year thereafter, a duly verified statement showing in detail the total gross receipts of Grantee during the preceding calendar year, or such fractional calendar year, from the sale of electricity within City. Grantee shall pay to City within fifteen (15) days after the time for filing such statement, in lawful money of the United States, the aforesaid percentage of its gross receipts for such calendar year, or such fractional calendar year, covered by such statement. Any neglect, omission or refusal by 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 forfeiture of this franchise and of all rights of Grantee hereunder. --3-- Elec. Indet. A.P. Section 7. Said franchise is granted under the Franchise Act of 1937. Section 8. This ordinance shall become effective thirty (30) days after its final passage unless suspended by a referendum petition filed as provided by law. Section 9. Grantee shall pay to City a sum of money sufficient to reimburse it for all publication expenses incurred by it in connection with the granting of said franchise. Such payment shall be made within thirty (30) days after City shall have furnished Grantee with a written statement of such expenses. Section 10. The franchise granted hereby shall not become effective until written acceptance thereof shall have been filed by Grantee with the City Clerk of City. Section 11. The City Clerk of City shall cause this ordinance to be posted in at least three (3) public places in City in accordance with Section 36933 of the Government Code of the State of California. First read at a regular meeting of the City Council of City held on the ls~ay of Nov. , 1982, and finally adopted and ordered posted at a regular meeting of said Council held on the15th day ofNov , 1982 by the following vote: AYES: Councilmen Offenhartz, Mc Neely, Schlendorf NAYS: Councilmen T.ane, May ABSENT: Councilmen None f artville ATTEST: Clerk of the City of Danville -4- PACIFIC GAS AND ELECTRIC COMPANY · *; Ji t 77 BEALE STREET · SAN FRANCISCO, CALIFORNIA 94106 · (415) 781 4'21] IWX 910-372-6587 December 6, 1982 CITY OF DANVILLE State of California and its Honorable City Council PACIFIC GAS AND ELECTRIC COMPANY hereby accepts that certain electric franchise granted to it by the City of Danville under Ordinance No. 16, passed by the Council of said City on November 15, 1982. PACIFIC GAS AND ELECTRIC COMPANY ROBERT OHLBACH VICE PRESIDENT AND GENERAL ATTORNEY And by N F~ JO TAYLOR VICE PRESIDENT AND CORPORATE SECRETARY / t I~ACIFIC GAS AND ELECTRIC COlV~PANY ._~-.~ . ~ 1030 DETROIT AVENUE · CONCORD, CALIFORNIA 94524 · (415) 655-4441 L, M, GUSTAF$ON DISTRICT MA";AG E R November 19, 1982 City Clerk City of Danville 315 Diablo Road, Suite 111 Danville~ CA 94526 Dear Madam Clerk: A clerical error appears in my letter of November 10, 1982 to Mayor John May. The word "not" in the last sentence of the third paragraph should be deleted. The sentence shoud read: "Of course, PGandE intends to continue and provide reliable electric and gas service to your customers for many years) but the point we wish to make is that an indeterminate franchise does leave the city with other options." While it is clear that the Council understood the Company's position at its November 15, 1982 meeting, this correction is being made to insure that the written material in the public file accurately reflects the Company's presentation and to prevent the possibility of a misinterpretation by anyone reviewing the file at a later date. I suggest that the original copy of this letter be attached to the original November 10, 1982 letter and that %he enclosed copies be attached to all copies of my November 10, 1982 letter. Thank you for your cooperation in this matter. LMG: slk CITY OF DANVILLE ) ) STATE OF CALIFORNIA ) ss. ) COUNTY OF CONIRA C0$1A ) PATRICIA A. DEMPSTER , being duly sworn, deposes and says: I am the City Clerk of the City of Danville; that on or about the 18thday of November , 1982, I posted true and correct copies of Ordinance No. 16 , passed by the City Council on Nov. 15 , 1982, granting an electric franchise to Pacific Gas and Electric Company, in the following three public places of the City of Danville, County of Contra Costa stage of california: 1. office of the Citv Clerk 315 Diablo Road, #111 2. U.S. Post Office 21 Danville Square 3. San Ramon Library 555 South Hartz Avenue c,t, clerk J'j Subscribed and sworn to before me ': 2. this/L7-~ay of .?~', 198 'f ~" " ~n and for the County Contra Costa State of California. ~.~f.J~":\ ~"~' ~'i': ~'tt~' ~ My Commission ~.xpires.~i .~ ~/~/?j3 ~x.'~,,3~'/ ~. ....... '. "~", ~]',:~l'Y K DANVILLE Town of Danville 315 Diablo Ro~.~d, =Ill Danville, Ca 94526 STATE OF CALIFORNIA COUNTY OF CONTP~\ COSTA CITY OF DANVILLE I, PATRICIA A. DEMPSTER, City Clerk of the City of Danville, do hereby certify that the whole humbar of members of the City Council of the said City of Danville is five; that the foregoing ordinance, being ORDINANCE NO. 16 , was passed and adopted by, the said City Council, approved and signed by the Mayor of said City, and attested bv the City Clerk of said City, all at a regular meeting of the said Council on thelSth _ day of _November , 1982 A.D., and that the same was so passed and adopted by the following votes: A~%S: Councilmembers Mc Neely, Offenhartz, Schlendorf NOES: Lane, May ABSENT: None IN V¢ITNESS 5VHEREOF, I have hereunto set my, hand. PATRICL\ A. DEMPSTER "L/ City Clerk November 16, 1982 Date Box 5000-383 820-8888