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HomeMy WebLinkAboutItem 7.2 PG&E Application (2) ' • THE CITY OF DUBLIN lO2o-ltd Y.O. Box 2340 Dublin,CA 94566 (415) 829-3543 MEMORANDUM TO: City Council FROM: City Manager DATE: May 19, 1982 SUBJECT: P.G.&E. Gas and Electric Franchises ' In accordance with previous City Council direction, a public hearing has been set for May 24, 1982, for consideration of applications by P.G.&E. for gas and electric franchises. A representative from P.G.&E. will be present at the meeting to address P.G.&E. 's request. P.G.U. has indicated that it is interested in the City Council 's reasons for consideration of a long term determinate franchise. The attached ordinances are the standard P.G.H. ordinances, which provide for indeterminate franchise term. The City Attorney will incorporate any changes that the City Council desires after the . public hearing. • j/ , iv Gas Indet. A.P. ORDINANCE NO. ORDINANCE GRANTING TO PACIFIC GAS AND ELECTRIC COMPANY, ITS SUCCESSORS AND ASSIGNS, THE FRANCHISE TO INSTALL, MAINTAIN AND USE PIPES AND APPURTENANCES FOR TRANSMITTING AND DISTRIBUTING GAS FOR ANY AND ALL PURPOSES UNDER, ALONG, ACROSS OR UPON THE PUBLIC STREETS AND PLACES AS THE SAME NOW OR MAY HEREAFTER EXIST WITHIN THE CITY OF DUBLIN The City Council of the City of Dublin does ordain as follows: Section 1. Whenever in this ordinance the words of 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 Dublin 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 "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. (d) The word "gas" shall mean natural or artificial gas, or a mixture of natural and artificial gas. (e) The phrase "pipes and appurtenances" shall mean pipes, pipelines, mains, services, traps, vents, vaults, manholes, meters, gauges, regulators, -1- Gas Indet. A.P. values, conduits, 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 gas. (f) The phrase "install, maintain and use" shall mean to lay, construct, erect, install, oper- ate, maintain, use, repair, or replace. Section 2. The franchise to install, maintain and use in the streets of City all pipes and appurtenances for transmitting and distributing gas to the public for any and all purposes is hereby granted to Grantee. Section 3. Grantee shall relocate, without expense to City, any pipes and appurtenances installed, 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, 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 constructed by the State of California shall be divided equally between Grantee and the State of California. b< Section 4. Said franchise shall be iRdet_ezEinate, 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, 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 condemn and take under the power of eminent domain, all property -2- Gas Indt. A.P. 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 gas within the limits of City. Section 6. Grantee shall file with the City Clerk of City, within 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 gas 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- Gas 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 day of , 1982, and finally adopted and ordered posted at a regular meeting of - said Council held on the _ day of , 1982, by the following vote: AYES: Councilmen NAYS: Councilmen ABSENT: Councilmen Mayor of the City. of Dublin ATTEST: - Clerk of the City of Dublin -4- ' Elec. Indet. A.P. ORDINANCE NO. 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 TRANSMITT- ING 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 DUBLIN The City Council of the City of Dublin 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 Dublin a municipal corporation of the State of California, in its present incorporated form or in any later reorganized, consolidated, en- larged or reincorporated form. (c) The word "streets" shall mean the public streets, ways, alleys and places as the same now or may herea$ er 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- formers, insulators, conduits, ducts, vaults, manholes, meters, cut-outs, switches, communication circuits, appliances, attachments, , Elec. Indet. A.P. c o 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 transmitting 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, 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 the cost 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 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 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 condemn and take under the power of eminent domain, all property actually used and useful in the exercise of said franchise and situate in -2- . Elec. Indet. A.P. 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, within 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. 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 -3- • .Elec. Indet. A.P. 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 day of , 1982, and finally adopted and ordered posted at a regular meeting of said Council held on the day of , 1982 by the following vote: AYES: Councilmen NAYS: Councilmen ABSENT: Councilmen Mayor of the City of Dublin ATTEST: Clerk of the City of Dublin } } -4- . • - 9 THE CITY OF DUBLIN P.O. Box 2340 Dublin.CA 94566 (415) 829 $ ) 4600 May 11 , 1982 Mr. Terry Scott Pacific Gas & Electric Co. 998 Murrieta Blvd. Livermore, CA 94550 Dear Mr. Scott: During our meeting on Monday, May 10, 1982, you and your associates requested that if the City of Dublin was interested in a determinate franchise, that it provide your company with an indication as to what term would be desirable from the standpoint of the City. I dis- cussed your request with the City Council at its regular meeting last night. It appears to be the consensus of the City Council , that it would be desirable for the term of the franchise to run for 25 years. As I indicated yesterday, this item has been set for public hearing on Monday, May 24, 1982. In the meantime if you have any questions please let me know. Sincerely ee-i?d,-.4--1- 44T416 C. Richard C. Ambrose City Manager RCA:dh