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HomeMy WebLinkAbout719ORDINANCE NO , 719 ORDINANCE GRANTING TO PACIFIC GAS AND ELECTRIC COMPANX, ITS SUCCESSORS AND ASSIGNS, THE FRANCHISE OF INSTALLING, MAINTAINING AND USING POLES, WIRES, CONDUITS AND APPURTENANCES, INCLUDING COM- M~lNiCATiOPI CIRCUITS, iN SO MANY AND IN SUC~I PARTS OF THE PUBLIC ROADS WITHIN THE COUNT' OF BUTTE , STATE OF CALIFORNIA, AS THE GRANTEE OF SAID FRANCHISE MAX FROM TIME TO T:CME ELECT TO USE FOR THE PURPOSE OF TRAIvSMITTI~,'G AND DISTRII;UTING ELECTRICITY TO THE PUBLIC FOR ANY AND ALL PURPOSES. THE BOARD OF SUPERVISORS OF THE COUNTY OF BUTTE DO ORDAIN AS FOLLOWS; Section 1, Whenever in this ordinance the words or phrases hereinafter in this section defi:~ed 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 in respect to the fran- chise hereby granted; (b) The word "County" shall mean the County of Butte. , a political subdivision of the State of California, in its present form or in any later reorganized, consolidated or enlarged form. (c) The word "franchise" shall mean the right, privilege and franchise hereinafter more particularly described; (d) The phrase "public roads" sha11 mean the public highways, streets, rcads, ways ar_d places as the same now or may. hereafter exist w3.thin County, including State highways and/or freeways no*a or hereafter established within County; (e) The phrase "poles, tirires, conduits and appurtenances" stall mean poles, towers, supports, wires, conductors, cables, guys, stubs, platforms, crossarms, braces, transformers, insulators, condu;~'cs, ducts, vaults, manholes, .maters, cut-outs, switches, communication circuits, appliances, attachments, appurtenances and, without lims.'cation to the foregoing, any other property, located or to be located in, -1- ~/ ~ ...._... upon, along, across, under or over the public roads within County, and used or useful in transmitting and/or distributing electricity; (f) The phrase "installing, maintaining and using" shall mean to construct, erect, install, lay, operate, mainta3.n, use,, repair or replace. Section 2. The franchise of installing, maintaining and using poles, wires, conduits and appurtenances, including communication circuits, in so many and in such parts of the public roads as Grantee of said franchise may from time to time elect to use, for the purpose of transmitting and distributing electricity to the public for any and all p~arposes, is hereby granted by County to Grantee. Section 3. The term of said franchise shall commence with the effective date hereof, and continue and remain in full force and effect until such time as Grantee shall surrender or abandon same or said franchise shall be forfeited for. noncorrapliance by the possessor thereof with its terms, or the State of California, County, or other public corporation thereunto duly authorized, shall purchase by voluntary agreement or shall-condemn and take under the power of eminent domain in accordance with then existing law all property actually used and useful in the exercise of said franchise situate within the unincorporated area of Cour?t~F. Said franchise shall never be considered or taken into account, in fixing the value of said property, in excess of the actual cost to Grantee hereof in procuring the same. Section ~. All poles, wires, conduits and appurtenances which shall be constructed and used under and pursuant to the pro- visions of this ordinance, and in the exercise of said franchise shall be installed, constructed and maintained in a good and workmanlike manner under the direction of the Soad Commissioner of County and shall be maintained it compliance with all valid -2- Elec.Ord, laws and ordinances From time to time in force. Section 5. Grantee of this franchise shall promptly relocate, without expense to County, any poles, wires, conduits and appurten- ances heretofore or hereafter installed, if and when made necessary by any alteration or change of grade, alignment or width of any County highway or public road by County, including, but not limited to, the construction of any subway, structure, bridge, or viaduct, provided however, that the cost of atop 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 6. Grantee shall, immediately upon installing, maintaining and using said poles, wires, conduits and appurtenances, or any part thereof, at its own coat and expense place said public roads, or so much thereof as may have been damaged thereby, in at least as good order and condition as that in which they were befare being disturbed or excavated for the purpose of installing, maintain- ing and using said poles, wires, conduits and appurtenances, or any part thereof . Section '~: Grantee shall have the right of Installing, maintaining and using any or all of such po3.es, wires, conduits and appurtenances from time to time as may be necessary and proper, pro- vided such use is not in conflict with the use of the County right of way far road purposes. Section 8. Grantee shall, during the term far which this franchise is granted, pay to Gounty two per cent (2y~) of the gross annual receipts of Grantee arising from the use, operation or possession of said franchise; provided, however, that no per- centage shall be paid for the first five (5) years succeeding the date of the grant of said franchise, but thereafter such percentage shall be payable annually, and if such payment shall not be made, such franchise shall be forfeited; provided, however, that if said franchise be a renewal of a right already in existence the payment -3- employed prior to such decision. Section g. The measure or amount of annual 'payment hereunder may be changed (1) at the end of the year 1988 o.r {11} at the end of any fifty {50) year period of this franchise in accordance with the following procedure and subject to the following conditions: (a) At least one (1}year prior to the end of the year 1988, or the end of any fifty (50) year period of this franchise, as the case may be, one party may give written notice to the other party that it desires to change the measure yr amount of annual payment hereunder; such written notice shall specify the proposed new measure or amount of annual pay- ment. {b) This franchise shall be subject to a change in measure or amount of annual payment only' if a change has occurred in .the compensation formula currently contained in Section 6006 of the California Public 'Utilities Code. (c) If the parties cannot agree as to the proposed change in the measure or amount at annual payment, the matter or matters shall be submitted to a board of arbitration for determination. Such determination by said board shall be in writing and shall be final and conclusive and binding on both parties. Such board of arbitration shall consist of three (3) members, one to be selected by County, one to be selected by Grantee, and one to be selected by the two so named by the parties. Section 10. This franchise is granted under and pursuant to the provisions of the laws of the State of California which re- late to the granting of franchises by counties. Section 11. 'Phis franchise shall not be exclusive. Section 12. This ordinance shall take effect and be in force upon the expiration of thirty (34) days after its passage, _t}.. unless suspended from going into operation by a referendum petition filed as provided by law, and shall, before the expi- ration of fifteen (15) days after the passage thereof, be published once, with the names of the members of said Board of Supervisors voting for and against the same, in the Qroville A'ercury a newspaper published in County. PASSED this 2nd day of October , l9 61, by the following vote: AYES: Supervisors Alldredge, Pittman, Pryde, $teine er and Chairman Giles NAYS: Supervisors None ABSENT: Supervisors None ~~~i~~. C ai~i-rman of the Hoard of Supervisors of the County of Butte. ATTEST: fIF1RItI~T JAt4ES County Clerk, of the County of Butte. (~ ~-,~ BY: y ~--d~~_ Deputy Jerk -5-