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HomeMy WebLinkAboutOrdinance 282 N.C.S. 06/18/1953ORDINANCE NO.=�N.C.S. I TR '- CED 13.7 C ­� 1ZMJIAJ�l SECONDF,D BY COUNCILIyWi t O,RDIN I\ICE GRkNTING TO PACIFIC CAS AND -ELECTRIC' COMPANY, ITS SUCCESSORS AND ASS"IGNIS, THE !-iRANCHISE (1) TO 'USE, POR- TRANSIVI:T.iING PNL DISTRIBUTING tstiS, SUITED POR LIGHTING, `OR USE BY COidSUh '1tS i{UR AlVY AIVL Ar.�, LA�r'dIATI- I'U!=S'0 Es OTt�lIR Tli ilv LIGHTING, i-JIL PIPES AN)D APPUI�TEI-,-AJCES '4'HICH A_H�E NU -4 Opt !!WY H REA1,TZ"h BE LAWTU' LY PLACED AND MAINTAINED IN THE PUBLIC ST]HEETZ`5 AND PLACES VVITHIN THE CITY OF PETALUZ4;A UIiiLER THAT CERTAIN I4PLLiCHI SE OF GRANTEE: ACQUIRED PURSUANT TO SECTION 19 01 ARTICLE )a OF THE CONSTITUTION OF THE STATE OF CALIFOH-,IIA, AS SAIL SECTION EISZSTED PRIOR TO ITS AIVEi I14ENT ON OCTOBER 10,1911, AND (2) TO INSTALL, IvAAINTAI•N AND USE IN SAID PUBLIC STREETS AND PLACES ALL PIPES AND APPURTEN NIC { , WHENEVER AND I HEREVER SAID DONSTITUTIONAL !3RANCI ISE SHALL NOT BE AVAILABLE THEREFOR, NECESSARY TO T f NSIET AND DISTRIBUTE GAS SUITED FOR, AND !UR USE BY CONSU[MRS FOR., ANY OR ALL LAWIF L PURPOSES. FOLLOIVS BE IT ORIlA.INED BY THE COUNCIL OF THE, CITY OF PETA ILJIVYi AS Section 1. Whenever in this ordinance the words or phrases hereinafter in this section defined are used, they shall Dave.the re- spective meanings assigned to them in the following definitions (un- less, in the given instance, the context wherein they are used shall clearly import a different meaning) (a) The word "0-10shall mean Pacif-i c Gas and Electric Company, its lawful successors or assigns; (b) The word "citytz shall mean the City of Petaluma, a municipal corporation of the Mate of California, in its present in- •corporated form or in any later reorganized, consolidated, en- larged or reincor;_.orated form; (c)-, The word "streets" shall mean the public streets, ways, alleys ; and places as the. saEfie now or may hereafter exist within said ,city, including state highways., now or hereafter established within said city, and freeways hereafter established within said city; ,'� C�,� / y'�I � /� � �' � •�-LLtivL �?..[l..-..•l-Gi-�.���ir GJ ' ��•� U �� Q:- � "Y.J ,•�` .c.�,-u , (�G'7•i�c'�"�L-L.[.-�('?7, �,. ,�c�e- �._...-�-(.� /'^`'� ALL � F��—� �r iC..�C..L'- !�'(vt..-��t-•c-�!�—*--",�E-- 'moo iLI�Z �G � � :/.LeC...tr�L F � " . ter`-"-- •� , (d) The word "gas" shall mean Natural or artificial gas, or a mix- ture of natural and artificial gas; (e) The phrase "pipes and a.�purtenances" shall mean pipes, pipelines, mains, services, traps, vents, vaults, manholes, meters, gauges, regulators, valves, conduits, appliances, attachments, appurte- nances and any other property located or to be located in, upon, along, across, under or over the streets of the city, and used or useful in the transmitting and/or distributing of gas; (f) The phrase "install, maintain and use" shall mean to lay, con- struct, erect, install, operate, mainta1n, use, repair or replace. (g) The phrase "constitutional franchise" shall mean the right ac- quired through acceptance by said grantee or its predecessor in estate of the offer contained in the provisions of Section 19 of Article KI o.'' the Constitution of the State of California, as said section existed prior to its aii-endment on October 10,1911. Section 2. The franchise (1) to use, for transmitting and distributing gas, suited for lighting, for use by consumers for any and all lawful purposes other than lighting,'all pipes and appurtenances which are now or may hereafter be lawfully placed and maintained in the public streets and places within said city under that certain franchise of grantee acquired pursuant to Section 19 of sticle XI of the Constitution of the State of California, as said section existed prior to its amendment on October 10,1911, and (2) to install, maintain and use in saia public streets and places all pipes and appurtenances, whenever and wherever said constitutional franchise shall not be available therefor, necessary to transmit and distribute gas suited. for, and for use by consumers for, any or all lawful purposes, is hereby granted to Pacific Gas and Electric Company, its successors and assigns. Section 34 Said franchise shall be indeterminate, that is to say, said franchise shall endure in full force aid e,:fect until the sane shall, 'With the consent of the Public Utilities Coiinissi on Fa of the State of California, be voluntarily surrendered or abandoi-ed by the 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 unaer the power of eminent domain, all property actually used and useful in the exer- cise of said franchise and situate in the territorial limits of Me state, municipal or public corporation purchasing or condemn- ing such property, or until said franchise stall be forfeited for noncompliance with its terms by the graiitee.- Section zi. The ;grantee of said franchise shall during the term thereof pay to said city a sum annuel ly which shall be equiva- lent to two per cent of the gross annual receipts of said gra' tee arising from tine use, operation or possession of said franchise; provided, however, that such payor-ent shall in no event be less than a sum which shall be equivalent to one per cent of the gross aluzual receipts derived b:ygrantee from the sale of gas within the limits of such cit;% under said franchilse and said coilst'i tutiOnal franchise. Section b. The grantee shall file with the clerk of said city, bvi ti13.n tree months after the e xpiratioi:i of the calendar year, or fractional calendar year, folloW_iig tie date of she granting hereof, and within three months after the expiration of each and. every calendar year thereafter, a duly verified states}resit showii-ig in detail the ' total gross receipts of such grantee during the pre- ceding calendar year, or such fractional calendar year, from the sale of gas 'Within said city. SuQh grantee shall pay to said city within fifteen days after the time for filing such statement, in lawful money of the United -States, the aforesaid perce_tage of its gross receipts for such calendar year, or such fractional calendar year, covered by such statement. Any neglect, omission or refusal by said grantee to file such verified stateiient, or to pay said per- centage at the time and in the ma_azer specified, shall be grounds for the declaration oj' a forfelture of this franchise and of all rights of grantee hereunder. 3 Section G. This franchise is granted under trie Franchise Act of 1937, and pursuant to the City Charter, Section 7. The compensation reserved to the city for the privilege hereby granted shall be that set forth in Section 4 here- of, which is deeded by the city to be adequate compensation for such privilege. Section 8. The right is hereby reserved to the city to take over at any time during the duration of this frai chi in the manner provided by law for condehination of public utility proper- ties, sack portion of the public utilityt s properties owned by the grantee, its successors or assigns, as are located within the limits of the G.J� ty of Petaluna, without coarpensation for the value of the franchise granted hereby. Section :. The grantee of ithis franchise shall (a) con- struct, install and rilaintain all pipes and appurtenances in ac- cordance with and in conformity with all of the ordinances, rules and regulations heretofore or hereafter adopted by the legislative body of the City of Petaluma in the exercise of its police powers; (b) pay to the city of Petaluma on .deiiand, the cost of all repairs to public property made necessary by any operations of the grantee under this ��r anchise; (c) indemnify and hold harm- less the City of Petaluma and its officers rfom any -and all liability for dari,ages proximately resulting from any Operations under this fra4 chile; '(d) ra,iiove or relocate, it:itlgout expense to the City of Petaluma any facilities installed, used and maI ntained under this franchise. in any streets, including on any bridge- or artifi cia7_ suIJport in or LiiWerlying an;r such street, so loris; as. such stre,-t, bridge or ar t:; ficial support stili reliiain under the jurisdiction of the city as a city street, where such removal or relocation is made necessary by any lawful change of grade, alignment or width of such street, including the construction of any subway or viaduct, and also where such removal or relocation is made necessary by reason of any repair or alteration or impr ovei.;ent of any such street, 4 including any such bridge or artificial support, provided that this provision shall cease to ue applicable to any such street, bridge or support if Mid i,4hen the shine shall become a state free- way, nor shall it co Est-3.tute a contractual bbligation in respect to such freeway wilthin the purview of Section '703 of the Streets and Highways Code of the State of California; and (e) file with the legislative bode of the City of Petaluma within thirty (30) days after any sale, transfer, assignment or lease of this fran- chise, or anypart thereof, or of any of the rights or j;rivileges granted hereby, written evidence of the same, certified thereto by the grantee or its duly authorized officers. Section 10. The grantee of this franchise agrees that the City of Petaluma, when acting in a governmental capacity, may improve any street or portion thereof, in which franchise proper- ties have theretofore ween constructed or installed, and may remove from any such street any public improvement. 11C notice in writing is given to the grantee ten (10) days in advance of the fact that work is to to done pursuant to any right reserved in this sections, specifying the general nature of the work and the area in which the sarrie is to be performed., ti:en the grantee shall do all things neces- sary to protect its franct.ise property during the progress of such work so as to permA the tiainteaaace, operation and use of such public improvement so long as such street shall remain under the jurisdiction of the city as a city street, provided that this pro- vision shall cease to be applicable to' any such street if and when the same shall become a state freeway, nor shall this provision constitute a contractual obligation after such street shall have become a state freeway within the purview of Section 703 of the Streets and Highways Code of 'the State of California. Section 11. No provision oz this franch�_s e shall be so construed as to impose upon the city any duty or obligation to con- struct, repair or maintain Ealy highway, including those areas in 5 which grantee's franchise property is located, in any particuix manner or to any particular standard. Section 12. This ordinance shall become effective thirty days after its final passage, unless suspended by a referendum peti- tion filed as provided by law: Section 13. The grantee of said franchise shall pay to the city a sutra of money sufficient to reimburse it i:or all publica- tion expa ses incurred by it in connection -K th the �Taijting thereof; such pa-vlment to be made within thirty days aster the cit,,,i shall have. furnished such grantee with a written state_ ent of such e:-kpenses. Section. 14. The Cit,;, Clerlr shall caL.ise this ordinance to be pifolished once at least two (2 ) das before final passage in the F'etalunia �.rgus-Courier, a newspaper of gerseral circulation pub- lislied arid circulated in said city. , First read and introduced and ordered published at a9e,-I a-1 Ilex rte meeting of the City Council of said city held on the _ day. ofV, 1953. AYES: CQUNGILME6I:ADAIt;S,BRQWN,NORWOOD,SGHOE?INGH, SCHVIDBEDA,SHOE�+P_KER,AND MAYOR- MYE$S N OES : N%!E ABSIIIv T : NONE ,Attest: ���yy '% --/ ���-�. CJ.ty/Clerk ,lazv;or 6 it I hereby certify that the within ordinance was published in full in the Petaluma Argus -Courier, a daily paper of general circulation, published within the City of Petaluma, to-wit--...._iLay... Le,_s_--_------- _.__-_-------- _. and that the said Petaluma Argus -Courier is the official newspaper of the City of Petaluma. I hereby certify that the whale number of members: of the Council of the City of Petaluma is seven, and that the foregoing ordinance was passed by the Council at its meeting of ----- Z8t1a....... day of ----------.c1 12...-_.•.............._...... Z9. EJ, by the following vote, to -wit: • AYES: COUNCILMAN_..g,da'.?1.S_... _.................................. COUNCILMAN ..... ....... ....... ............. AYES: COUNCILMAN Brown -•_-.- COUNCILMAN .... _..9gI'?Wobeda AYES: COUNCILMAN COUNCILMAN -------5Li?EJ1k'ik lrr------------------____----- MAYO�F. ---__------- • jYf a) _---_------.---•-_-------- :-.--- - NOES: None ABSENT: ... NcLne- �-. _.-.- .... e . t._ ATTEST :......... f�. Y. " E.—v311112 ........ .............. (SRA,L) CITY CLERK The foregoing Ordinance Number.....__`rt3 ......... .... X"Charter Series, having been regularly passed and presented to me this .1atn......... day of. ---.c I -LV -e ------- .............. ........... , 19_ is here •approved is,...... ...... -... dayof._.._----:I1.lne.............................................. _, 19 --- /. e121 d:. knver s_ MAYOR.