HomeMy WebLinkAbout64-31RESOLUTION NO. 64-3!
RESOLUTION OF NTENTION TO GRANT ~-
'".~ECTR TC FRANCHISE
W~EREAS Pacific Gas and Electric Company, a California
corporation, has filed with the City of Ukiah, State of
California, an application for the grant of the right, privilege
and franchise hereinafter more particularly defined and
described in the form of ordinance contained in the ~otice
hereinafter ordered to be published;
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of b]<iah that it is the intention of said Council to
grant the said right, privilege and franchise in the form and
upon the terms and conditions contained in the said form of
ordinance; that sealed bids for said franchise shall be received
by the said Council at its office in the City of Ukiah up to the
hour of 8:00 o'clock p.m. the 19thday. of February , 196~4;
that all bids received for the said franchise shall be opened
and read before a meeting of said Council to be held om the day
and at the hour last ' · ~
nerelnbeiore mentioned, at the said office
of said Council; that the minimum cash bid acceptable shall
be the sum of Three Thousand Dollars ($3,000.00); that the said
franchise will thereupon be struck off, sold and awarded to the
person, firm or corporation that shall make the highest cash
bid as provided by law at or above such minimum; that notice
of the filing of said application and of the time and place
herein fixed for receiving bids for the grant of said framchise
shall be given as required by' law; that the City Clerk of' the
City of Ukia~ is hereby direct~~
~:a to publish once a day for
ten (10) successive days, or as often during said period as the
newspaper hereinafter referred to is published, in the Ukiah
Daily Journal, a daily newspape, r published in the City of Ukiah,
a notice in the following form-
"NOTICE OF SALE OF FRANCHISE
NOTICE IS H~REBY GIVEN that on ,
the day of , 19 , an application
in writing was made and filed in the office of the
City Council of the City of Ukiah, State of California,
by Pacific Gas and Electric Company, a corporation,
requesting said Council to grant it a franchise to
construct, maintain and use poles, wires, conduits,
and appurtenances, including communication circuits,
in, along, across, upon and under certain specified
public streets and places within said City of Ukiah
for transmitting electricity, as more fully set
forth in the form of ordinance hereinafter contained,
which said form of ordinance contains a statement of
the character of said franchise and of the conditions
upon which it is proposed to grant the same, and
that the said form of ordinance is in the words and
figures following, to wit:
.
' ORDINANCE NO o
AN ORDINANCE GRANTING TO
, ITS SUCCESSORS AND
ASSIGNS, THE FRANCHISE TO CONSTRUCT,
MAINTAIN AND USE POLES, WIRES, CONDUITS,
AND APPURTENANCES, INCLUDING COMMUNICATION
CIRCUITS, NECESSARY OR PROPER FOR
TRANSMITTING ELECTRICITY THROUGH THE CITY
OF UKIAH IN, ALONG, ACROSS, UPON, UNDER AND
O'~YER CERTAIN OF THE PUBLIC STREETS AND
PLACES WITHIN THE CITY OF UKIAH.
The City Council of the City of Ukiah does hereby
ORDAIN as follows:
Section 1. ENACTING PROVISION FOR NEW PROVISIONS
CONSISTING OF ARTICLE 3 OF CHAPTER 11,
DIVISION 1 OF THE UKIAH CITY CODE
ENTITLED "' ELECTRIC FRANCHISE '".
The following provisions consisting of Article 3
of Chapter 11, Division 1 of the Ukiah City Code are
hereby enacted in the numbers and form suitable for
inclusion in the Ukiah City Code, and are hereby
included therein, and shall read as follows:
ARTICLE 3 - ELECTRIC FRANCHISE.
Section 1930 - Definitions:
~nenever in this article 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 different meaning)'
(a) The word "'Grantee'" shall mean
, and its lawful successors
or assigns in respect to the franchise hereby granted°
(b) The word "'City'" shall mean the City of Ukiah,
a municipal corporation of the State of California, in its
present incorporated form or in any later reorganized,
consolidated, enlarged or reincorporated form.
(c) The word "'franchise'" shall mean the right,
privilege and franchise hereinafter more particularly
described.
(d) The word "'streets'" shall mean 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, all
subject to the limitation as to location contained in
Section 1931o
(e) The phrase "'poles, wires, conduits and
appurtenances '" shall mean poles, supports, wires,
conductors, cables, guys, stubs, platforms, crossarms,
braces, transformers, insulators, conduits, ducts,
vaults, manholes, meters, cut-outs, switches,
communication circuits, appliances, attachments,
appurtenances, or any other property used or useful
in the transmitting of electricity.
(f) The phrase "'construct, maintain and use'"
shall mean to construct, erect, install, lay, operate,
maintain, use, repair or replace.
(Ordinance NOo , Sec. , adopted 1963).
Section 1931 - Grant of franchise:
Grantee is hereby granted the franchise to
construct, maintain and. use poles, wires conduits and
appurtenances necessary or proper for transmitting
electricity through, but not distributing electricity
in, the City of Ukiah, in, along, across,upon, under and
over only the public streets, ways and places, and in the
general locations, as shown on the map which is attached
to the ordinance enacting this article, which said
map is incorporated herein and made a part hereof by
reference°
(Ordinance NOo , Sec° 1, adopted 1963).
Section 1932 - Relocation; when necessary:
Grantee of this franchise shall relocate without
expense to City any poles, wires, conduits and appurtenances
theretofore installed, and then maintained, or used 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,
or any storm drain or sanitary sewer, provided, however,
that the cost of any such relocation made necessary by
the construction or any lawful change of grade, alignment
or width of any freeway by the State of California shall
be divided equally between Grantee and the State of
California.
(Ordinance No. , Sec° 1, adopted 1963).
Section 1933 - Term of franchise:
The term of this franchise shall be indeterminate,
commencing on the effective date of the ordinance adopting
this article, 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
of California or by operation of law, be voluntarily
surrendered or abandoned by Grantee, or until the State
or some municipal or public corporation 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 ~tate,
municipal or public corporation purchasing or condemning
such property, or until said franchise shall be forfeited
for non-compliance with its terms by Grantee.
(Ordinance No. , Sec. 1, adopted 1963)o
Section 1934- Payment for franchise:
Grantee shall, during the life of this franchise, pay
to City two per cent (2[~) of the gross annual receipts of
Grantee arising from the use, operation, or possession of
the franchise. If the franchise is a renewal of a right
already in existence, payment of the percentage of gross
receipts shall begin at once upon the granting of the
franchise. If the franchise is not a renewal of a right
already in existence, no percentage shall be paid for the
first five (5) years succeeding the date of the franchise,
but thereafter the percentage shall be payable annually.
If payment is not made, the franchise shall be forfeited.
(Ordinance No. , Sec° 1, adopted 1963)o
Section 1935 - Effect of franchise; termination of other
franchises, rights, and privileges of
Grantee:
The franchise granted by this article with respect to
Grantee is in lieu of all other franchises, rights, or
privileges owned by Grantee, or by any successor of
Grantee, to any rights for transmitting and distributing
electricity within the limits of City as such limits exist
at the time of the granting of this franchise° The
acceptance of such franchise shall operate as an abandonment
of all franchises, rights., and privileges by Grantee within
the limits of City, as such limits now exist, in lieu of
which the franchise is granted by this article°
(Ordinance NOo , Sec° !, adopted 1963)o
6
Section 1936 - Franchise granted under Broughton Act:
The franchise granted by this article is granted under
and pursuant to the provisions of the Broughto~ Act
(Article 1, Chapter 1, Division 3 of the Public Utilities
Code of California).
(Ordinance NOo , Sec° 1, adopted 1963).
Section 2. EFFECTIVE DATE:
This ordinance shall take effect and be in force
upon the expiration of thirty (30) days after its adoption,
unless suspended from operation by the filing of a
referendum petition as provided by lawo
Section 3. PUBLICATION°
The Clerk is directed to cause this ordinance to be
published as provided by law in the Ukiah Daily Journal,
a newspaper of general circulation published in the City
mf Ukiah.
PASSED AND ADOPTED this
1963, by the following vote:
day of
AYES:
NOES:
ABSENT:
A~I?EST:
Mayor
City C~lerM~; and
NOTICE IS HEREBY f'URT]-~R GIVEN that it is proposed by
said Council to grant said right, privilege and franchise upon
the terms and conditions set forth in said form of ordinance; that
sealed bids for such right, privilege and franchise will be
received by said Council at its office in the City of Ukiah
up to the hour of 8:00 o'clock P oM., on Wednesday, the
day of , 1963; that the minimum cash
bid acceptable shall be the sum of Three Thousand Dollars
($3,000.00); that the successful bidder, and his assigns, must,
during the life of said franchise, pay to the City of Ukiah a
percentage of the gross annual receipts to be derived from
the use, operation or possession of the said right, privilege
and franchise upon the terms and conditions set forth in the
said form of ordinance; that the said Council will meet in open
session on the day and at the hour last hereinbefore mentioned
and will then and there mpen and read such bids; that thereupon
and during such meeting the said right, privilege and franchise
will be awarded to the person, firm or corporation that shall
make the highest cash bid therefor at or above such minimum,
provided only that at the time of the opening of said bids any
responsible person, firm or corporation present or represented
may bid for such right, privilege and franchise a sum not less
than ten per cent (10~) above the highest sealed bid therefor,
and said bid may be raised not less than ten per cent (10~) by
any responsible bidder, and said bidding may so continue until
finally said right, privilege and franchise shall be struck off,
sold and awarded by said Council to the highest bidder therefor
at or above such minimum, in lawful money of the United States
of America. Each sealed bid shall be accompanied with cash or
a certified check payable to the Treasurer of the City of Ukiah
for the full amount of said bid, and no sealed bid shall be
considered unless such cash or certified check shall be enclosed
therewith, and the successful bidder shall deposit at least
ten per cent (10~) of the amount of his bid with the City Clerk
of the City of Ukiah before said right, privilege and franchise
shall be struck off to him; and if he shall fail to make such
deposit immadiately, then and in that case his bid shall not be
received and shall be considered as void, and the said franchise
shall then and there be again offered for sale to the bidder
who shall make the highest ~ash bid therefor at or above such
minimum, subject to the same conditions as to deposit as above
mentioned; that such procedure shall be had until said franchise
shall be struck off, sold and awarded to the bidder who shall
make the necessary deposit of ten per cent (10~) of the amount
of his bid as hereinbefore provided; that such successful bidder
shall deposit with the City Clerk of the City of Ukiah within
twenty-four (24) hours after 'the acceptance of his bid the
remaining ninety per cent (90~) of the amount thereof; and in
case said bidder shall fail to deposit with the City Clerk of
the City of Ukiah the remaining ninety per cent (90~) of his
bid within twenty-four (24) hours after its acceptance, the
award to him of said franchise shall be set aside and the deposit
theretofore made by him shall be forfeited, and no further
proceedings in the sale of said franchise shall be had unless
the same shall be again advertised and offered for sale in the
manner hereinbefore provided° For further particulars reference
is hereby made to said application filed as aforesaid in the
office of said Council, and also to the resolution adopted by
said Council on the day of , 19 ....., under
and pursuant to which and to the provisions of such laws of the
State of California as relate to the granting of rights,
privileges and franchises, this notice is given and all proceedings
relating to the grant of said right, privilege and franchise
will be had.
DATED: , 19 o
By order of the City Council of the City of Ukiaho
Clerk."
ADOPTED by the City Council of the City of L~iah
this .15thday of January , 196__4, by the following vote:
AYES:
Councilmen .Wagner~ Buxton, Banker,
Smalley and Runkel.
NOES: Councilmen None.
ABSENT: Councilmen None.
ATTEST.
Clerk o~ th~
10