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Home My WebLink AboutORDINANCES - 02091948 - 0424 ORDINANCE NO. l.a4 ORDINANCE GRA14TINGi TO PACIFIC GAS AND ELECTRIC COMPANY, ITS SUCCESSORS AND ASSIGNS* THE RIGHT, PRIVILEGE AND FRANCHISE OF ZRZCTING0 CONSTRUCTING, INSTALLING, AND MAINTAINING ELECTRIC LINES CONSISTING OF POLES, CONDUITS, AND/OR OTHER SUITABLE STRUCTURES WITH WIRES, CABLES, ANVIOR OTHER APPLIANCES INSTA=L ' NON OR TEEIN INCLUDING COMMUNICATION CIRCUITS, IN SO MKM AND IN AUCH PARTS OF THE PUBIC HIGHWAYS STREETS, ROADS, AND PLACES OF TER COUNTY OF CONTRA. CC9T.A , STATE CF CALIFORNIA, AS THE GRANTEE OF SAID MIGHT, PRIVILEGE AND FRANCE ISE, ITS SUCCESSORS OR ASSIGNS, MAY FROM TIME TO TIME QCT TO USE FOR THE AFORESAID PCTRPOSES, AND OF USING SUCH BLBC- TRIC LINES FOR TRANSMITTING,. CONVEYING, DISTRIBUTING, AND SUPPLYING ELECTRICITY TO TER PUBLIC FOR ANY AND ALL PURPOSES TEN BOARD OF SUPERVISORS OF THE COUNTY OF 'CONTRA COSTA DO ORDAIN AS FOLLOWS: Section 1. The right, privilege and franchise (a) of erecting, constructing, installing, and maintaining electric bines consisting of poles, oonduits, and/or other suitable struc- tures, with wires, cables, and/or other appliances installed thereon or therein, including oommunioation circuits, in so many and in such parts of the public highways, streets, roads and places of said county as the grantee of said right, privilege and franchise, its successors or assigns, may from time to time elect to use for the aforesaid purposes, and (b) of using such electric lines for transmitting, conveying, distributing, and supplying electricity to the public for any and all purposes, are hereby granted by said County of CONTRA. COSTA. , to Pacific Gas and Electrics Company, /its successors and assigns. Section 2. The term of said franchise shall coammence with the effective date hereof, and continue and remain in lull force and effect until such time as the grantee hereof, its successors or assigns, shall surrender or abandon same or this franchise shall be forfeited for noncompliance by the possessor thereof with its terms, or the State of California, said county, or other public corporation thereunto duly authorized, shall pur- chase by voluntary agreement or shall condemn and take under the power of eminent domain in accordance with then existing law:all property aotually used and useful: in the exercise of said fran- chise situate within the unincorporated area of said county. The franchise hereby granted shall never be given any value before any court or other public authority in any condemnation proceeding or other proceeding of any character whatsoever in excess of the cost to the grantee of the necessary publication and any ether sum paid by it to the County of Contra Costa for said franchise at the time of its acquisition hereunder. Section 3. All electrio lines which shall be constructed and used under and pursuant to the provisions of this ordinance and in the exercise of said franchise shall be erected and constructed In a good and workmanlike manner under the direction of the County Road Commissioner and shall be maintained is compliance with all valid lags and ordinances from time to time in force. Section 4. The owner for the time being of said frau- ohise shall, immediately upon erecting, constructing, installing, replacing or repairing the said electric lines, or any part thereof, at its own cast and expense place said highways, streets, roads and places or so much thereof as may have been damaged thereby, in as good order and condition as that in which they were before being disturbed or excavated for the purpose of erecting, constructing, installing, replacing or repairing , said electric lines or any part thereof. Section 5. The owner for the time being of said fran- chise shall have the right to maintain, repair and replace any or all of such electric linea from time to time as may be necessary and proper. Section 6. The grantee of said franchise, its succes- sors and assigns, shall, during the term for which the same is granted, pay to said county two per vent (2%) of its or their_ gross annual receipts arising from the uses, operation or posses- s on thereof, and if such payment shall not be made, aeh ran hie shall be forfeited. Section 7. The said right , privilege, and franchiseis granted under and pursuant to the provisions of the laws of the State of California which relate to the granting of franchises' by counties. Section S. This ordinance shall take effect and be in force upon the expiration of thirty* ( 30) days: after its passage* unless suspended from going into operation by a referendum petition filed as provided by law, and shall, before the expiration: of fif- teen. (15) days after the passage thereof, be published, with the names of the members of said Board. of Sui�rvi ors voting for aid against the samefar one (1) week in the AUX � ir:..rirN� rA rr r Y- a newspeP#rpublishediu said c t of Contra Costa. PASSED this 9th day of February, 19499 by the vote: AYES: Supervisors S. S. RipleZj H, L. Cummings ft NOSS, Supervisors ABSENT: Supervisorg R J embath a oar o up+ery s or s -Airman Attest: 4/ofthe County of Contra Costa W. T. PAASCfi dun y ClerE of a Cou-M y o Contr Costa By D putt' Clerk -3- STATE OF CALIFORNIA, COUNTY OF CONTRA COSTA In the Matter of �y .ord i ante No. 424 ) Affidavit of Publication .................... .. ....................................................... ....... ::.. � �:�;F'siiii�' M:srs°. :pe � w ...1 :7`: � ........:s:::.. ..... Sii.°. :''�'_"' S.°";_ yds +r'`#2 ::.„r:.:;.„:.„.„::.„..„:.: .„:............................. : �'�.s�s :�iix' ��:::Ips..�'3f '�,ri;a..1?�r1€........ .... .. '..:::;:„s.r�. ...,.„.:...:...::::z:::::.::::z::�:::........... yy }y+�r.yyyyy�� STATE (7F CALIFORNIAIN: SAM Count of Contra Costa ......................bei duly sworn,' ................P.�. SXI.i;3I:`....�.�..a.;�t �ffik�21 ng Y he was and now is a deposes and says,that at all times herein named iz Y y citizen of the United States of America, over the age. o e.g. f said County of Contra Costa. That he is not, years, and a resident o s d tY11111 he imes hereinafter named, a party to the he at an oft t :;;:ate:::;::':; nor was Y ,:.„„ ::: rein and that all of said lJ,.. .... hE 8 :, ::• above entitled proceedings, or interested the11H 4. ; J1111 11211il.: �iiki Eiji ..............A.Ss , .a -•- toy times he was. and now is the L?C�, �� I a newspaper riiited, published and cir }_ Of THE SUN, p p trrl ��,�'1 �::-d ........ h..--_----..._:.._. and as sue ................:....:: Count a or inda d Contra Costa Y, culated in said in said new a r �tfJ.�'_......he had charge of a12 advertisements s sP l� ..„ ,„r.. .:...: .....:.. ._. .. ,....r:.:,-•:... :,,.:;:::,.:::„a;a', ;_;�° of enera ffi8�a€� ' SUN is a newspaper � .::...... C? x.23 fi ..:' . . County of Contra Costa published for the did .. :... . said COu , circulation in the s y P . i new and Intelligence, of a en n of local and tele s h c s is g .. ..; . .:::.-:..::,.:.;:...,.�...:.„;:.:.:.„::„.�!.;:..:-::::::•::.;::;::-,.: :::.: .,:::-::.:::,.: ; semina#lo €�' p • , fa subscription list of a n sub :-:: � �?�t�.� ... � 1: �:.:�f ,�.:..,.„::.:..;.::�....:.....,:,..:;:�,t:..:: eral character, having a bona deP Yi,_g scribers and wl�arh has.been established, printed and published insai �'1 �:;.'�`l��':'a" t'�':4 � countyfor more than two years last past, and which is not devotee ....„:.:... . h entertainment of a articulat :C3` '° e;:-, ;41 ' ; :.:. :> ;. .„: .......:. to the interests or published for the p class, profession, trade, calling, race or denomination, or any numbs�� thereof. :; .... :..: Thatthe ...._------•---...._-.--_--- ._..-__....................._......._.. ........ .:. Milli..........:: .'.:::4;i ?i:.�,Ps;! �R. ........................................... mill ................. „„. ' of i=rhich the.annexed is a printed copy, was printed and published the regular and entire issue of. ever numb of said paper durir the period and times of publication for.............:......consecutive week Ill NN4to-wit: from the.................... ......day of....... __19. HERR 48 to and until the...-----_��t ......•---day Of..... gbr .......19. both days included, and as often during said period as said paper .:.:..:. was published, to-wit: February 20, 1948 ............................................. ........................_..._.................._.........._._._... That said notice was published in the newspaper proper and not in a supplement. -ii e nrtT7i�i .sun Subscribed and sworn tri before me this .._... 3Y .................. ......... .T.....day of ............. . .----19..__.�� -• ........ .- is in an or the County of Contra Costa, State of Y. California. FEB 41948 PA BCH Bt�P,. OR$ }