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HomeMy WebLinkAboutItem 8.1 Gas and Electric Services (2) 1020-0 CITY OF DUBLIN AGENDA STATEMENT Meeting Date: June 14, 1982 SUBJECT: Pacific Gas .& Electric Franchise EXHIBITS ATTAHCED: Ordinances (2) RECOMMENDATION: Waive second reading and adopt each ordinance FINANCIAL STATEMENT: 82-83 estimated revenues: Electric franchise $54,000 Gas franchise 30,000 &- DESCRIPTION: At the City Council meeting of May 24, 1982, ordinances granting non-exclusive franchises of indeterminate length to PG&E for the provision of gas and electric services were introduced. The ordinances are attached for second reading and adoption. Copies To: Terry Scott, PG&E ITEM NO. UI l 0 Elec. Indet . A.P. ORDINANCE NO. ORDINANCE GRANTING TO PACIFIC GAS AND ELECTRIC COMPANY, ITS SUCCESSORS AND ASSIGNS, THE NONEXCLUSIVE FRANCHISE TO CONSTRUCT, MAINTAIN AND USE POLES, WIRES, CONDUITS AND APPURTENANCES, INCLUDING COMMUNICATION 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 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, enlarged or reincorporated form. (c) 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 appur- tenances" shall mean poles, towers, supports, wires, conductors, cables, guys, stubs, plat- forms, crossarms, braces, transformers, in- sulators, conduits, ducts, vaults, manholes, meters, cut-outs, switches, communication circuits, appliances, attachments, appurten- ances, and without limitation to the fore- going, any other property located or to be fi 1 Elec. Indet . A.P. 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 nonexclusive franchise to construct , maintain and use poles, wires, - conduits and appurtenances necessary or proper for transmitting and distributing elec- tricity 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 con- structed, ..maintained or used under this nonexclusive 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 nonexclusive franchise shall be indeter-minate, 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 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 nonexclusive franchise and situate in the territorial limits of the State, municipal or public corporation purchasing or condemning such property, or until said nonexclusive franchise shall be forfeited for noncompliance with its terms by Grantee. Section 5. Grantee shall during the term of said non- exclusive franchise pay to City two percent (2%) of the gross annual receipts of Grantee arising from the use, operation or possession of said nonexclusive franchise; provided, however, that such payment shall in no event be less than one percent (1%) of the gross annual receipts of Grantee derived from the sale of electricity within the limits of City. 2 Elec. Indet . A.P. Section 6. Grantee shall file with the City Clerk of City, within three (3) months after the expiration of the calendar year, or franctional calendar year, following the date of the granting hereof, and within three (3) months after the expiration of each and every calendar year there-after, a duly verified statement showing in detail the total gross receipts of Grantee during the preceding calendar year, or such franctional 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 nonexclusive franchise and of all rig''ts of Grantee hereunder. Section 7. Said nonexclusive 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 nonexclusive 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 nonexclusive 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 3 0 Elec. Indet . A.P. meeting of said Council held on the day of 1982 by the following vote: AYES: Councilmen NAYS: Councilmen ABSENT: Councilmen ?,W or of the City of Dublin ATTEST: Clerk of the City of Dublin 4 Gas Indet . A. ORDINANCE NO. ORDINANCE GRANTING TO PACIFIC GAS AND ELECTRIC COMPANY, ITS SUCCESSORS AND ASSIGNS, THE NON- EXCLUSIVE 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 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, enlarged or reincorporated form. (c) 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 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, regu- lators, values, conduits, appliances, attach- . ments, appurtenances, and without limitation ti 1 Gas Indet . A.P. 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 nonexclusive franchise to install, maintain and use in the streets of City all pipes and appur- tenances 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 nonexclusive 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 nonexclusive franchise shall be indeter- minate, 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 nonexclusive franchise and situate in the territorial limits of the State, municipal or public corporation purchasing or condemning such property, or until said nonexclusive franchise shall be forfeited for noncompliance with its terms by Grantee. Section 5. Grantee shall during the term of said non- exclusive franchise pay to City two percent (2%) of the gross annual receipts of Grantee arising from the use, operation or possession of said nonexclusive franchise; provided, however , that such payment shall in no event be less than one percent (1%) of the gross annual receipts of Grantee derived from the sale of electricity within the limits of City. 2 '.E C 4:11/ Gas Indet . A.P. Section 6. Grantee shall file with the City Clerk of City, within three (3) months after the expiration of the calendar year, or franctional calendar year, following the date of the granting hereof, and within three (3) months after the expiration of each and every calendar year there- after, a duly verified statement showing in detail the total gross receipts of Grantee during the preceding calendar year, or such franctional 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 nonexclusive franchise and of all rights of Grantee hereunder. Section 7. Said nonexclusive 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 nonexclusive 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 nonexclusive 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 3