Ordinance 26ORDANA ~tCE N0 . 26
ORDINANCE GRANTING TO PACIFIC CTAS AND ELECTRIC COMPANY, ITS SUCCESSORS
AND ASSIGNS, THE FRANCHISE TO CONSTRUCT, MAINTAIN AND USE POLES, WIRES,
CONDUITS AND APPURTENANCES, INCLUDING COMMUNICATION CIRCUITS, NECESSARY
OR PROPER FOR TRANS MITTING AND DISTRIBUTING ELECTRICITY TO THE PUBLIC
FOR ANY AND ALL PURPOSES IN, ALONG, ACROSS, UPON, UNDER AND OVER THE
PUBLIC STREETS AND PLACES WITHIN 'PHE CITY OF CUPERTINO.
THE CITY COUNCIL OF THE CITY OF CUPERTINO 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" sha1:1 mean Pacific Gas and Electric
Company, and its lawful successor; or assigns;
(b) The word "city" shall mf~an the City of Cupertino, a municipal
corporation of the State of California, in its present incorporated
form or in any later reorganized, consolidated, enlarged or
reincor orated form;
(c~ The word "streets" sha1:1 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 phrase "poles, wirer, conduits and appur~t~nances" shall
mean poles, towers, supports, ?~rire:s, conductors, cables, buys, stubs,
platforms, crossarms, braces, transformers, insulators, conduits,
ducts, vaults, manholes, meters, c;ut-outs, switches, communication
d rcuits, 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 the City,
and in, upon, along, across, undea~ or over the streets of the city,
and used or useful in transmittin€; and~or distributing electricity;
(e) The phrase "construct, rla.intain and use" shall mean to
construct, erect, insta]1, lay, opE~rate, maintain, use repair or
replace.
Section 2.
The franchise to construct, rla.intain and use poles, wires, conduits
and appurtenances necessary or prc>per 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
Pacific Gas and Electric Company, its successors and assigns.
Section 3.
Grantee of this franchise shell relocate, without expense to city,
any poles, wires, conduits and apX~urtenances theretofore installed
and when 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 this provision shall remain in effect only so
long as such street, subway or vi~.duct shall remain under the ~juris-
diction of city as a city street, but shall cease to be applicable
to any such street if and when thE~ same shall become a freeway, nor
shall it constitute a contractual obligation in respect to such
freeway within the purview of Section 703 of the Streets and Hihways
Code of the State of California, car any corresponding provision of law.
Section ~.
Said franchise shall be indeterminate, that is to say, said
franchise shall endure in full foz~ce and effect until the same shall,
with the consent of the Public Ut3.lities Commission of the State of
California, be voluntarily surreno.ered or abandoned by grantee, or
until the state or some municipal or public corpo ration thereunto:.
duly authorized by law shall purcl-.ase by voluntary agreement or shall
condemn and take under the power cf eminent domain, all property
actually used and useful in the exercise of said franchi~~e and situate
in the territorial limits of the : tate, municipal or pu'plic corporation
purchasing or condemning such prox~erty, or until said franchise shall
be forfeited for noncompliance with its terms by grantee.
Section 5.
Grantee of said franchise shall during the term thereof pay to
city two per cent 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 of the
gross annual receipt of grantee derived from the sale of electricity
within the limits of city.
Section 6.
Grantee shall file with the Clerk of City, within three months
after the expiration of the calendar year, or fractional calendar
year, following the date of the granting hereof, and within three
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 fractional
calendar year, from the sale of electricity within city. Grantee shall
pay to city within fif teen days after the time for filing such state-
ment, in lawful money of the United States, the afor esaid percentag e
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 days after its final
passage unless suspended by a referendum petition filed as provided
by law.
Section g.
Grantee of said franchise shall pay to city a sum of money
sufficient to reimburse it for all publication expenses incurred by
it in connection with the granting thereof, such payment to be made
within thirty days after city shall have furnished grantee with a
written statezment of such expense.
Section 10.
The franchise granted hereby shall not become effective until
written acceptance thereof shall have been filed by grantee with the
City Cle rk.
Section 11.
The City Clerk shall cause this ordinance to be posted in at
least three public places in the City in accordance with Section 36933
of the Government Code.
First read at a regular meeting of the City Council of City held
on the 10th day of September, 1956, and finally adopted and ordered
posted at a regular meeting of. said Council held on the 17th day of
September, 1956, by the following vote:
AYES: Councilmen: Wilson, Nathanson, Meyerholz, Saich
NAYS: Councilmen: (None)
ABSENT: Councilmen: Lindenmeyer
l4TTEST: / (~Q~~ Approved:
~`1 " ~"``''~ /s/ Warner M. Wilson
ity Clerk Mayor, of the City of Cupertino
I, LAWRENCE K. MARTIN, City clerk of the City of Cupertino and ex
officio clerk of the legislative body of said City do hereby certify
that the foregoing is a true and correct copy of Ordinance No. 26 on
file in my office and that the same has been posted pursuant to law.
~Pd>,WITN~SS W REOF I ave hereun~o set my hand and City Seal this
~ ~ da of 19 ~"j
~~ i `~
ity Clerk