Ordinance 550
OR D I NAN C E
N 0.550
ORDINANCE GRANTING TO PACIFIC GAS AND ELECTRIC COMPANY,
ITS SUCCESSORS AND ASSIGNS, THE FRANCHISE TO INSTALL,
MAINTAIN AND USE PIPES AND APPURTENANCES FOR TRANSMITTING
AND DISTRIBUTING GAS FOR ANY AND ALL PURPOSED UNDER, ALONG,
ACROSS OR UPON THE PUBLIC STREETS AND PLACES AS THE SAME
NOW OR MAY HEREAFTER EXIST WITHIN THE CITY OF GILROY.
The Common Council of the City of Gilroy does ordain
as follows:
Section 1. Wnenever 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" shall mean Pacific Gas and Electric
Company, and its lawful successors or assigns:
(b) The word "city" shall mean the City of Gilroy, a munici-
pal corporation of the State of California, in its present
incorporated form or in any later reorganized, consolidated,
enlarged or reincorporated form;
(c) The word "streets" 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 "gas" shall mean natural or artificial gas, or a
mixture of natural and artificial gas:
U~) The phrase "pipes and appurtenances" shall mean pipes, pipe-
lines, mains, services, traps, vents, vaults, manholed,
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 the 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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Section 2. The franchise to install, maintain and
use in the streets of city all pipes and appurtenances for trans-
mitting and distributing gas to the public for any and all pur-
poses within city is hereby granted to Pacific Gas and Electric
Company, its successors and assigns.
Section 3. Grantee of this franchise shall relocate,
without expense to city, any pipes and appurtenances theretofore
installed, and then 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
viaduct shall remain under the jurisdiction 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 Highways Code of the
State of California, or any corresponding provisions of law.
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 ahd
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 oorpora-
tion purchasing or condemning said property, or until said
franchise shall be forfeited for noncompliance with its terms
by grantee.
Section 5. For the period commencing on the effective
date of this franchise and terminating on June 17, 1972, grantee
shall pay to city two per cent of the gross annual receipts of
said grantee derived from the sale of gas within the limits of
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city. Thereafter, grantee of said franchise shall durin~ 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 receipts
6f grantee derived from the sale of gas within the limits of city.
Section 6. Grantee shall file with the Clerk of
city, witbin 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 thereafter, a duly verified
statement showing in detail the total g;ross receipts of grantee
during the preceding calendar year, or such fractional calendar
year, from the sal~ of gas within city. Grantee shall pay to
city within fifteen days after the time for filing such state-
ment, in lawful money of the United States, the aforesaid per-
centage of its gross receipts for such calendar year, or such
l'
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 man-
ner specified, shall be grounds for the declaration of a for-
feiture of this franchise and of all rights of grantee hereunder.
Section 7. Said franchise is granted under the
Eranchise Act of 1937.
Section 8. This ordinance Bhailib~become effective
thirty days after its final passage unless Buspended by a refer-
endum petition filed as provided by law.
Section 9. Grantee of said franchise shall pay to
city a sum of money sufficient to reimburse it for all pub1ica-
tion 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 statement of such
expenses.
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Section 10. Th.e franchise granted hereby shall not
become effective until written acceptance thereof shall have
been filed by grantee with the City Clerk.
Section 11. Tne City Clerk shall cause this ordinance
to be published once within fifteen (15) days after its passage
in the Gilroy Evening Dispatch, a newspaper of general circu1a-
tion published and circulated in city.
First read at a regular meeting of the Common Council
of city held on the 13th day of May, 1957, and finally adopted
and ordered published at a regular meeting of said Council held
on the 13th day of May, 1957, by the following vote:
AYES: Councilmen Pate,Sanchez, Ga11o,Petersen,
Rush,Wentworth.
NOES: Councilmen None
ABSENT: Councilmen None
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Mayo of the City
of Gilroy
ATTEST:
Clerk~f~~tY of
Gilroy