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HomeMy WebLinkAbout558 - Granting PG&E Franchise to Construct Use Telephone Poles, etc (c) The word "franchise" sha ORDINANCE N0. 558 vilege and franchise hereinaft AN ORDINANCE GRAFTING TO PACIFIC GAS AND E ribed . COMPANY, ITS SUCCESSORS AND ASSIGNS, THE FR TO CONSTRUCT, MAINTAIN AND USE POLES, WIRES, (d) The word "streets" shall CONDUITS, AND APPURTENANCES, INCLUDING COMM CIRCUITS, NECESSARY OR PROPER FOR TRANSMITTI treets , ways , alleys and places ELECTRICITY THROUGH THE CITY OF UKIAH IN, AL ACROSS , UPON, UNDER AND OVER CERTAIN Of THE y hereafter exist within City, STREETS AND PLACES WITHIN THE CITY OF UKIAH. w or hereafter established with The City Council of the City of Ukiah does here reafter established within City ORDAIN asfollows: imitation as to location contain Section 1 . ENACTING PROVISION FOR NEW PROVISIONS CONSI, (e) The phrase "poles, wire! OF ARTICLE 3 OF CHAPTER 11 , DIVISION l OF UKIAH CITY CODE ENTITLED "ELECTRIC FRANCHI appurtenances" shall mean poles, The following provisions consisting of Article conductors , cables , guys , stubs , Chapter 11 , Division l of the Ukiah City Code are hereby braces, transformers , insulators . in the numbers and form suitable for inclusion in the Uk' vaults , manholes, meters , cut-ou'. Code, and are hereby included therein, and shall read 1:ion circuits , appliances , attacf or any other property used or us( ARTICLE 3 - ELECTRIC FRANCHISE f electricity . Section 1930 - Definitions: (f) The Phrase "construct, r Whenever in this article the words or phras shall mean to construct, erect, after in this section defined are used, they shal " aintain, use, repair ore replace the respective meanings assigned to them in the f (Ordinance No. 558, Sec. ] , adop definitions ( unless in the given instance, the c wherein they are used shall clearly import a diff. ' ection 1931 - Grant of franchis. meaning) : Grantee is hereby granted t (a) The word "Grantee" shall mean Pacific .construct, maintain and use pole Electric Company, and its lawful successors or -.end appurtenances necessary or p in respect to the franchise hereby granted. ectricity through, but not dis (b) The word "City" shall mean the City of , the City of Ukiah, in, along a municipal corporation of the State of Californi and over only the public streets its present incorporated form or in any later re in the general locations , as sho- consolidated, enlarged or reincorporated form. (c) The word "franchise" shall mean the right, NO . 558 privilege and franchise hereinafter more particularly r TO PACIFIC GAS AND ELECTRIC described . .S AND ASSIGNS , THE FRANCHISE ; I AND USE POLES, WIRES, (d) The word "streets" shall mean the public ]ANCES, INCLUDING COMMUNICATION ' PROPER FOR TRANSMITTING streets , ways , alleys and places as the same now or iE CITY OF UKIAH IN, ALONG, may hereafter exist within City, including State highways dD OVER CERTAIN OF THE PUBLIC Y Y 9 "HIN THE CITY OF UKIAH. now or hereafter established within City, and freeways ity of Ukiah does hereby hereafter established within City, all subject to the limitation as to location contained in Section 1931 . DR NEW PROVISIONS CONSISTING (e) The phrase "poles , wires , conduits and TER 11 , DIVISION 1 OF THE TLED "ELECTRIC FRANCHISE" . appurtenances" shall mean poles, supports , wires , consisting of Article 3 of condectors , cables , guys , stubs , platforms , crossarms , iah City Code are hereby enacted braces , transformers , insulators , conduits , ducts , for inclusion in the Ukiah City vaults , manholes, meters , cut-outs , switches , communica- erein, and shall read as follows tion circuits , appliances , attachments , appurtenances , or any other property used or useful in the transmitting LECTRIC FRANCHISE of electricity . is ; ( f) The Phrase "construct, maintain and use" :icle the words or phrases herein shall mean to construct, erect, install , lay, operate, 'fined are used, they shall have maintain, use, repair ore replace . assigned to them in the followin (Ordinance No. 558, Sec. ] , adopted 1964) . :he given instance, the context 311 clearly import a different Section 1931 - Grant of franchise: Grantee is hereby granted the franchise to ee" shall mean Pacific Gas and construct, maintain and use poles , wires , conduits s lawful successors or assigns and appurtenances necessary or proper for transmitting ise hereby granted. electricity through, but not distributing electricity shall mean the City of Ukiah, in, the City of Ukiah, in, along, across , upon, under of the State of California, in and over only the public streets , ways and places , and form or in any later reorganized in the general locations , as shown on the map which ,r reincorporated form. y i is attached to the ordinance enacting this articl voluntary agreement or shall which said map is incorporated herein and made a � power of eminent domain, all hereof by reference. useful in the exercise of sa (Ordinance No. 558, Sec. 1 , adopted 1964) . the territorial limits of th Section 1932 - Relocation; when necessary; public corporation purchasin Grantee of this franchise shall relocate with property , or until said fran expense to City any poles , wires , conduits and appu for non-compliance with its theretofore installed, and then maintained, or use (Ordinance No. 553 , Sec. 1 , this franchise, if and wheb made necessary by an Section 1934 - Payment for f change of grade, alignment or width of any streets Grantee shall , during t City, including the construction of any subway or pay to City two percent (2% viaduct, or any storm drain or sanitary sewer, pry receipts of Grantee arising however, that the cost of any such relocation made or possession of the franchi necessary by the construction or any lawful change renewal of a right already i of grade, alignment or width of any freeway by the the percentage of gross recE State of California shall be divided equally betwe upon the granting of the frz I Grantee and the State of California. I is not a renewal of a right (Ordinance No. 558, Sec. 1 , adopted 1964) . percentage shall be paid for Section 1933 - Term of franchise: years succeeding the date o- The term of this franchise shall be indetermi thereafter the percentage st commencing on the effective date of the ordinance If payment is not made, the adopting this article, that is to say, said franchl forfeited. shall endure in full force and effect until the s (Ordinance No. 558, Sec. 1 , shall , with the consent of the Public Utilities Section 1935 - Effect of fr Commission of the State of California or by operati franchises , of law, be voluntarily surrendered or abandoned by The franchise granted Grantee, or until the State or some municipal or to Grantee is in lieu of al corporation duly authorized by law shall purchase or privileges owned by Gran Y a- 3� .�86 Dance enacting this article, voluntary agreement or shall condemn and take under the Dorated herein and made a part power of eminent domain, all property actually used and useful in the exercise of said franchise and situate in . 1 , adopted 1964) . the territorial limits of the State, municipal or Dn; when necessary: public corporation purchasing or condemning such anchise shall relocate without property, or until said franchise shall be forfeited as , wires, conduits and appurtenanc for non-compliance with its terms by Grantee. and then maintained, or used under (Ordinance No. 553 , Sec . 1 , adopted 1964) . vheb made necessary by any lawful Section 1934 - Payment for franchise: ant or width of any streets by Grantee shall , during the life of this franchise, 3truction of any subway or pay to City two percent (2%) of the gross annual -ain or sanitary sewer, provided, receipts of Grantee arising from the use, operation, 3f any such relocation made or possession of the franchise . If the franchise is a action or any lawful change renewal of a right already in existence, payment of vidth of any freeway by the the percentage of gross receipts shall begin at once 11 be divided equally between upon the granting of the franchise . If the franchise r California. is not a renewal of a right already in existence, no 1 , adopted 1964) . percentage shall be paid for the first five (5) =ranchise: years succeeding the date of the franchise, but •anchise shall be indeterminate, thereafter the percentage shall be payable annually . : ive date of the ordinance if payment is not made, the franchise shall be :hat is to say, said franchise forfeited. -ce and effect until the same (Ordinance No. 558, Sec. 1 , adopted 1964) . of the Public Utilities Section 1935 - Effect of franchise; termination of other of California or by operation franchises , rights , and privileges of Grantee: surrendered or abandoned by The franchise granted by this article with respect :ate or some municipal or public to Grantee is in lieu of all other franchises , rights , zed by law shall. purchase by or privileges owned by Grantee, or by any successor of a ff7 Grantee, to any rights for transmitting and ORDINANCE NO. 5 distributing electricity within the limits of City ORDINANCE R8GULAT4NG as such limits exist at the time of the granting of PROVIDING FOR VACANCI OF MEMBERS OF COMMISC this franchise. The acceptance of such franchises operate as an abandonment of all franchises , rights, privileges by Grantee within the limits of City, as : TION 1 . ENACTING PROVISIONS . I• limits now exist, in lieu of which the franchise is The following provisions are "Commissions and Boards Generally granted by this article. (Ordinance No. 558, Sec . ] , ' adopted 1964) . of the Ukiah City Code and shall "Section 1200 - Terms of Comm limited: Section 1936 - Franchise granted under Broughton Act No person shall hereafte The franchise granted by this article is grant. than two full terms as a memb board whose members are appoi under and pursuant to the provisions of the Brought; of the City of Ukiah or by th of the City Council of the Ci Act (Article 1 , Chapter 1 , Division 3 of the Public who hereafter has been appoin office of such commission or Utilities Code of California . ) years of a term to wh10 some (Ordinance No. 558 adopted 1964 appointed shall hereafter be Sec, 1 , ado p ) • one full term. Disqualificat commission or board shall not Section 2 . EFFECTIVE DATE . tion to serve on any other cc i This ordinance shall take effect and be in fo "Section 1201 - Vacancy for c the expiration of thirty (30) days after its adoption, un If a member this a odecom ab5 Section 1200 of this Code ab� permission from all regular n suspended from operation by the filing of a referendum p or board for sixty (60) days last regular meeting he after as provided by law. vacant and it shall be fillec Section 3 . PUBLICATION. TION 2 . EFFECTIVE DATE. This ordinance shall be in f, The Clerk is directed to cause this ordinance published as provided by law in the Ukiah Daily Journal , after its adoption. newspaper of general circulation published in the City o I~CTION 3 . PUBLICATION. PASSED AND ADOPTED this 26th day of February, The City Clerk shall certify by the following vote: and cause the same to be publishe AYES: Councilmen Wagner, Buxton, Banker, Sm ' ASSED AND ADOPTED THIS 3rd day o S: Councilmen Norgard, Buxton Mayor Runkel . S: None. NOES: None. ENT: None. ABSENT: None . I CERTIFICATION CERTIFICATIO1 I , Paloma R. Williams, City Clerk of the City of Ukiah and Paloma R. Williams , City Clerk officio clerk of the City Council , do hereby certify the icio clerk of the City Council foregoing to be a true copy of Ordinance No. 558 adopted by recto c to be a true copy Council Or the said City Council at a regular meeting thereof on the i 26th day of February, 1964. said City Council at a regula day of June, 1964. I City Clerk of the City o C California A 87 I I rantee, to any rights for transmitting and ORDINANCE NO. distributing electricity within the limits of Cit ' ORDINANCE ROGULATING as such limits exist at the time of the granting. PROVIDING FOR VACANC this franchise. The acceptance of such franchis OF MEMBERS OF COMMIS operate as an abandonment of all franchises, r' privileges by Grantee within the limits of Cit ION 1 . ENACTING PROVISIONS. ` limits now exist, in lieu of which the franchi The following provisions are ' granted by this article. issions and Boards Generall (Ordinance No. 558, Sec . l , ' adopted 1964) . -f the Ukiah City Code -and shall "Section 1200 - Terms of Coma Section 1936 - Franchise granted under Broughton limited: No person shall hereafte The franchise granted by this article is than two full terms as a memt under and pursuant to the provisions of the Br board whose members are appoi of the City of Ukiah or by th Act (Article 1 , Chapter 1 , Division 3 of the Pu of the City Council of the Ciwho hereafter has been appoir Utilities Code of California. ) office of such commission or years of a term to whi(th SOME (Ordinance No. 558, Scc . 1 , adopted 1964) . appointed shall hereafter be one full term. Disqualificat commission or board shall not Section 2 . EFFECTIVE DATE . tion to serve on any other cc ' This ordinance shall take effect and be in "Section 1201 - Vacancy for the expiration of thirty (30) days after its adoption, ' If a member of a commis` Section 1200 of this Code ab permission from all regular r suspended from operation by the filing of a referendum or board for sixty (60) days last regular meeting he attei as provided by law. vacant and it shall be fille, 4 I TION 2 . EFFECTIVE DATE. Section 3 . PUBLICATION. The Clerk is directed to cause this ordina This ordinance shall be in fi its adoption. IDN 3 . PUBLICATION. The City Clerk shall certify *ause the same to be publishe FD AND ADOPTED THIS 3rd day o Councilmen Norgard, Buxton None. I NT: None. CERTIFICATIOP ' /s/ Herman Runkel aloma R. Williams , City Clerk MAYOR cio clerk of the City Council , F ATTEST- going to be a true copy of Or( : said City Council at a regular day of June, 1964. /s/ Paloma R . Williams CITY CLERK C