HomeMy WebLinkAboutTC Or 1965-03-08
Gas - Indet. A.P.
ORDINANCE NO. ~
ORDINANCE GRANTING TO PACIFIC GAS AND ELECTRIC COMPANY, ITS
SUCCESSORS AND ASSIGNS, THE FRANCHISE TO INSTALL, MAINTAIK
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 TIBURON.
The City Council of the
Ci ty of Tiburof;
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 lIarantee" shall mean Pacific Gas and Electric Company,
and its lawful successors or assigns.
(b) The word "City" shall mean the
City of Tiburon
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 "streetsll 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 IIgas" 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, valves, 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, operate, maintain, use, repair or
replace.
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Gas-Indet.A.P,
Section 2. The franchise to install, maintain and use 1~
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.
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 the territorial limits of the State,
municipal or public corporation purchasing or condemning such
property, or until said franchise shall be forfeited for noncompli-
ance 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, operatiQn or possession of said
franchise; provided, however, that such payment shall tn 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.
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Indet.Gas 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 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.
Section 7. Said franchise is granted under the
Franchise Act of 1931.
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.
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Section 11. The City Clerk of City shall cause this
ordinance to be posted in at least three (3) public places iL
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
March
, 19655
and finally adopted and ordered posted at a regular meeting of
said Council held on the 23rdday of
by the following vote:
~.1a rc h
, 19J21..
AYES:
Councilmen Strawbridge, Souza, Hoffmire, Hannahs
E I I inwood
NAYS:
Councilmen None
ABSENT: Councilmen None
ATTEST:
Cl~yf<g
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