Ordinance 454
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ORDINANCE NO. 454
AN ORDINANCE GRANTING TO COAST COUNTIES GAS AND ELECTRIC CCllPANY, ITS SUCCESSORS
AND ASSIGNS, A. FRANCHISE TO USE THE PUBLIC STREETS, HIGHWAYS, AND .ALLEYS OF THE
CITY OF GIIROY, CopNTY OF SANTA CLARA, STATE OF CALIFORNIA, FOR THE PORPOSE OF
CONSTRUCTING, JlAINTAINING, AND USING AN ELECTRIC TRAN~ISSION SYSTDi FOR THE SALE
AND DISTRIBUTION OF ELECTRICITY FOR LIGHT, HEAT, POWER, AND ALL LAWFUL PURPOSES.
The Mqor and Cammon Council of the City of Gilroy, County of Santa Clara,
State of California, do ordain as follows:
Section 1. A right, privilege and franchise is hereby granted to COAST
COUNTIES GAS AND ELECTRIC CCllPANY, a corpora.tion, its successors, and assigns,
for a period o~ twenty-five (25) years from the date hereOf, to use the public streets,
high:wqs, and alleys of the City of Gilroy, County of Santa Clara, State of Calit-
omia, for the purpose ot constructing, maintaining and using an electric trans-
mission system for the distribution and sale of electricity for light, heat, power,
and all lawful purposes, and any of them, to said municipality and its inhabitants.
Section 2. This franchise is granted and shall be held and enjoyed o~
upon the terms and conditions herein contained, and the said grantee must, w;ithin
thirty (30) days after the passage of this ordinance, file with the clerk of said
council of said city, a written acc~ptance ot the tems and conditions herein ex-
pressed.
Section J. The term "grantee" whenever used herein shall be held to in-
clude the grantee, its successors and assigns.
Section 4. The grantee shall, in good faith, diligently exercise its
rights hereunder so as to meet and fill the reasonable needs of said municipality
and the inhabitants thereof.
Section 5. The grantee shall during the life of this franchise, pay
to said municipality two per cent (2%~ of the gross annual receipts ot said grantee
arising from the sale of electricity within the limits of the City of Gilroy, pro-
vided, however, that the amount so paid shall in no event be less than two per
cent (2%) of the gross annual receipts arising from the operations of the grantee
under this franchise. It shall be the duty of the grantee to file with the clerk
of the City of Gilroy within thirty (JO) dtv"s after the JOth day of June, 1947,
and within thirty (JO) days after the eJCpiration of each and every year there-
after during the term of this franchise, a statement verified under oath of grantee
or its Manager or presiding officer, showing the total gross receipts as herein-
above set forth, and, within ten (10) days thereafter said grantee, its success-
ors or assigns, shall pay to the Treasurer of the Ci. ty of Gilroy in lawful money
of the United States, such sum as may thEn be due by reason of said percentage.
Any refusal to so file said verified statement and to pay the amount due there-
under wi thin the time specified, may at the option of the said Camnon CouncU
work a forfeiture of this f'ranchise and of' all right.s of said grant.ee, its suc-
cessors or assigns thereunder, and said City of Gilroy, through its proper officers,
agents or authorized employees for that purpose, shall have the right to exmnine
the books of said grantee, its successors or assigns, at reasonable times, and in
a reasonable manner, for the purpose of veri1)ing my amount lIhich may be due
said City hereunder.
Section 6. The right , privilege and franchise hereby granted shall not
be exclusive, and there shall be reserved in and to said municipality the right
and privilege to grant like franchises for like purposes to other persons or
corporations who shall make proper application therefor.
Section 7. The grantee from time to time shall supp~ the Oi ty of Gilroy
'With a map showing the principal transnission and distribution lines used under
this franchise.
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Section B. Whenever grantee, its successors or assigns shall disturb
any of the streets for any of the purposes aforesaid, it or they shall restore
the same to good order and condition as soon as practicable without unnecessary-
delay, and failing to do so, the Common Council of said City of Gilroy shall
have the right to fix a reasonable time within which such repairs and restoration
of streets shall be completed, and upon failure of such repairs being made by
said grantee, its successors and assigns, the said Common Council shall cause
such repairs to be made at the expense of said grantee, its successors and as-
signs.
Section 9. This franchise shall be effective within the corporate limits
of the City of Gilroy as noW' existing and as the same may be extended during the
life of the franChise.
Section 10. In consideration of the right and privilege hereby granted,
the City of Gilroy shall have, and the said Coast Counties Gas and Electric Com-
pany hereby grants to it, during the life of this franchise the right and priv-
ilege to place, where aerial construction exists, a fixture on the tops of poles
erected and maintained under this franchise, to which IRq be attached wires not
exceeding four, free of charge to said City of Gilroy, to be used for low tension
police, fire signal, and communication purposes; provided, however, that the
proposed use by said City will not in the opinion of grantee endanger or impair
the service and property of grantee, and further provided that said City of Gil-
roy shall in its use and maintenance of such fixtures or wires camply with the
reasonable plans and rules of said grantee and provided further, that the said
City of Gilroy will care for its om wires and fixtures at its own risk and ex-
pense and will save the grantee harmless frClll any accidents caused by same.
Section 11. In the event the grantee installs any underground duct sys-
tems for electric distribution purposes under this franchise, the grantee shall
install a separate duct or section at no cost to the City of Gilroy for its use
to carry four signal wires.
Section 12. In case of street improvement involving change or set back of
curb line, grantee agrees to :move or replace its poles within the newly established
curb line wi. thout cost to the City of Gilroy.
Section lJ. This ordinance shall take effect and be in force thirty days
from and after its passage and approval.
The foregoing ordinance was introduced for passage at the adjourned
regular meeting of the Mayor and Common Council of said City of Gilroy on the
16th day of June , 1947, and thereafter at the adj ourned
regular meeting of said board held on the 17th day of June
1947, was passed and adopted by the followIng vote:
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Noes:
Councilmen George M.Mason~Nat Heiner ,Ray L.
Ste vens ,James . Thomas
Councilmen None
Councilmen George A.Mart1n,J.H. Wentworth
Ayes:
Absent:
Approved this
17th
day of
June
, 1947.
ATTEST:
CE.~, ~
City Clerk of the C ty of Gilr"T
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