Whenever the words or phrases hereinafter in this section defined
are used, they shall have the respective meanings assigned to them
in the following definitions:
means the City of Stockton, a municipal corporation of the
State of California, in its present incorporated form or in any later
reorganized, consolidated, enlarged or reincorporated form;
means the right acquired through acceptance by 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.
means to construct, erect, install, operate, maintain, use,
repair or replace;
means Pacific Gas and Electric Company, its lawful successors
or assigns;
means poles, towers, supports, wires, conductors, cables,
guys, stubs, platforms, crossarms, braces, transformers, insulators,
conduits, ducts, vaults, manholes, meters, cutouts, 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 used or
useful in transmitting and/or distributing electricity;
means the public streets, ways, alleys and places as the
same now or may hereafter exist within City, including State highways,
now or hereafter established within City and freeways hereafter established
within City;
(Prior code § 12-001)
The franchise:
A.
To
use, for transmitting and distributing electricity suited for lighting
but for use by consumers for any and all lawful purposes other than
lighting, all poles, wires, conduits and appurtenances which are now
or may hereafter be lawfully placed and maintained in the streets
within City under the constitutional franchise of grantee; and
B.
To
construct, maintain and use in said streets all poles, wires, conduits
and appurtenances whenever and wherever the constitutional franchise
of grantee is not now nor shall hereafter be available therefor, necessary
to transmit and distribute electricity suited for, and for use by
consumers for, any and all lawful purposes is hereby granted to Pacific
Gas and Electric Company, its successors and assigns.
(Prior code § 12-002)
Grantee of this franchise shall relocate, without expense to City, any poles, wires, conduits and appurtenances, theretofore installed, and then maintain or use under this franchise, if and when made necessary by any lawful change of grade, alignment or width of any streets by City, including the construction of any subway or viaduct, provided, however, that this provision shall remain in effect only so long as such street, subway or viaduct shall remain under the jurisdiction of City as a City street, but shall cease to be applicable to any such street if and when the same shall become a freeway, nor shall it constitute a contractual obligation in respect to such freeway within the purview of Section 703 of the Streets and Highways Code of the State, or any corresponding provisions of law.
(Prior code § 12-003)
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 Public Utilities Commission of the State,
be voluntarily surrendered or abandoned by grantee, or until the State
or some municipal or public corporation thereinto 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
condemning such property, or until said franchise shall be forfeited
for noncompliance with its terms by grantee.
(Prior code § 12-004)
Grantee of said franchise shall during the term thereof pay
to City a sum annually which shall be equivalent to 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 a sum which shall be equivalent to one-half percent
of the gross annual receipts derived by grantee from the sale of electricity
within the limits of City under said franchise and said constitutional
franchise.
(Prior code § 12-005)
Grantee shall file with the Clerk of 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 grantee during the preceding calendar year, or such fractional
calendar year, from the sale of electricity within City. Grantee shall
pay to City within 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.
(Prior code § 12-006)
All construction under this franchise shall be done subject
to the general supervision and direction of the proper authorities
of City and in compliance with all valid ordinances and regulations
which are now or shall hereafter be enacted and prescribed by City
under its police power.
(Prior code § 12-007)
All streets disturbed or excavated by grantee in the exercise
of this franchise shall at its own cost and expense immediately be
placed in as good order and condition as they were in before being
so disturbed or excavated.
(Prior code § 12-008)
Grantee shall maintain its plant and fixtures constructed hereunder
at the highest practical standard of efficiency at all times. Any
willful failure and neglect of grantee after reasonable notice from
the City Council to observe all such requirements including the standards
of efficiency and service prescribed by the City Council shall be
grounds for forfeiture of this franchise and of all rights, privileges
and benefits accruing hereunder to grantee or at the option of City
for such action as may be appropriate for the enforcement thereof.
(Prior code § 12-009)
City does hereby reserve the right to purchase upon six months
notice to grantee, the property of grantee used and useful in exercising
the same, at a price to be determined by the Public Utilities Commission
of the State or its successor, or on failure or refusal of such Commission
or its successor to act, then by three appraisers, one appointed by
grantee, one by the City Council, and the third by the two so appointed.
The cost of such appraisal shall be borne equally by City and grantee.
The price of the properties shall be fixed in accordance with the
then existing rules of the Public Utilities Commission of the State,
or its successors, but in no event shall the value of the franchise
itself be included in said price, nor shall the value of any other
franchise of grantee for the use of public roads and ways in jurisdictions
outside of City be given any value for the purpose of determining
the price of said remaining properties of grantee as the result of
the purchase of the properties within City as herein provided.
(Prior code § 12-010)
This franchise shall not be let, assigned or leased or otherwise
alienated without the express consent of City given by ordinance and
no dealings on the part of City with any purchaser, lessee or assignee
to require the performance of any act or payment of any compensation
by such purchaser, lessee, or assignee, shall be deemed to operate
as such consent, provided that nothing herein shall be construed to
prevent grantee from including same in a mortgage or deed of trust
executed for the purpose of obtaining money for corporate objects.
(Prior code § 12-011)
Construction work under this franchise shall be commenced in
good faith within four months from the taking effect of the ordinance
granting this franchise and any work commenced hereunder at any time
during the term of this franchise shall be prosecuted diligently to
completion and in good faith so as to meet and fill the reasonable
needs of the inhabitants of City.
(Prior code § 12-012)
This franchise is not exclusive.
(Prior code § 12-013)
Within 10 days after the passage of Ordinance 2717, grantee
hereunder shall file a bond running to City to be approved by the
City Council in the penal sum of $1,000.00 conditioned that grantee
shall well and truly observe and faithfully perform each and every
term and condition of this franchise and that in the event that a
breach is made in such conditions the whole amount of the penal sum
therein named shall be forfeited to City as liquidated damages. Said
bond shall be kept in full force and effect during the term of this
franchise.
(Prior code § 12-014)
This franchise is granted pursuant to the provisions of the
City Charter of the City.
(Prior code § 12-015)
Ordinance 2717 granting this franchise shall not go into effect
before the expiration of 60 days after its passage during which interim
of 60 days it shall be subject to petition for referendum as provided
by the provisions of the Charter of City, nor shall it go into effect
until written acceptance thereof shall have been filed by grantee
with the City Clerk.
(Prior code § 12-016)
