Ordinance 320
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ORDINANCE NO._ 3.t..o.-
ORDINANCE GRANTING TO COAST comr.rIES GAS
AND ELECTRIC COMP.Al'J"Y, A CALIFORNIA CORPORATION, ITS SUCCESSORS
AND ASSIGNS, THE RIGHT, PRIVILEGE AND FRANCHISE OF LAYING,
MAINTAINIlm M-r;D USING, FOR THE PURPOSE OF CONVEYING, DIS-
TRIBUTING AND SUPPLYING GAS TO THE PUBLIC AND PARTICULARLY
TO THE INHABITANTS OF THE CITY OF GILROY IN THE COUNTY OF
SANTA CLARA, STATE OF CALIFORNIA, FOR LIGHT, HEAT, POWER
AND .ALL LAVJFUL PUP.POSES, GAS PIPES, MAINS .AND COHDUITS IN
SO MANY AND IN SUCH PARTS OF THE PUBLIC HIGHWAYS, STREETS
.AND ALLEYS OJ!' SAID CITY OF GILROY AS THE GRANTEE iJ.JJ ELECT
TO USE FOR THE PURPOSE AFORESAID.
TI-IE MAYOR AND COMM:ON COUNCIL OF THE CITY
OF GILROY DO ORDAIN AS FOLLOWS:
Section 1. The right, priVilege and franchise
of laying, maintaining and using, for the purpose of con-
veying, distributing and supplying gas to the public and
particularly to the inhabitants of said City of Gilroy for
light, heat, power and all la\~ul purposes, gas pipes, mains
and conduits in BO many and in such parts of the public high-
w~s, streets and alleys of said City of Gilroy as the grantee
may elect to use for the purpose aforesaid, are hereby granted
by the City of Gilroy for the term of twenty-five (25) years
from and after the time when this ordinance shall take ef-
feet, to Coast Counties Gas and Electric Company, a Cali-
fornia corporation, its successors and assigns.
Section 2. All gas pipes, mains and other
conduits which Shall be laid and used under and pursuant
to the provisions of this ordinance and in the exercise of
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the right, privilege and franchise herein granted, shall be
of iron, or other suitable material, and shall be of such
dimensions as the owner for the time being of said right,
privilege and franchise shall determine. All such gas pipes,
mains and conduits shall be laid in a good and workmanlike
manner and at least eighteen (18) inches below the surface
of said highw~s, streets and alleys under the direotion
of the City Marshal of the City of Gilroy, or other offioer
having oharge thereof, and in aocordance with all ordinances
of the City of Gilroy relative thereto.
No new gas mains shall be laid, nor shall
the location of any existing gas main be changed, in any
street or alley in the City of Gilroy without the written
notice of intention to lay such new gas main, or to change
the location of any existing gas main, being filed in the
office of the City Clerk of the City of Gilroy before the
work of laying such new gas main or of changing the loca-
tion of any existing gas main shall be commenced. No
notice shall be required of repairs to gas mains where
location is not changed.
Section 3. The owner for the time being
of said right, privilege and franchise shall, immediately
upon laying, replacing or repairing said gas pipes, mains
and other conduits, or any part thereof, at its own cost
and expense, place said highways, streets and alleys, 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 laying,
replacing or repairing said pipes and other conduits.
Section 4. The owner for the time
being of said right, pri vile ~ and franchise shall have
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the right to maintain, repair and replace any or all of
such gas pipes, mains and other conduits from time to time
as m~ be necessar.y and proper.
Section 5. The grantee of the aforesaid
right, privilege and franchise, its successors and assigns,
shall, during the term for which the same is granted, pa;y
to said City of Gilroy two (2) per cent. of its or their
gross annual receipts arising from the use, operation or
possession thereof; provided, however, that no percentage
shall be paid for the first five (5) years succeeding the
date of the grant of said right, privilege and franchise,
but thereafter such percentage shall be pB\Y'able annually,
and if such p~ent shall not be made, such right, privi-
lege and franchise shall be forfeited; provided, further,
that if this franchise be a renewal of a right already
in existence the p~ment of said percentage of gross re-
ceipts shall begin at once.
Section 6. The said right, privilege and
franchise are granted under and pursuant to the provisions
of the laws of the State of California which relate to the
granting of rights, privileges and franchises.by munici-
pali ties.
Section 7. This ordinance shall, except
as hereinafter otherwise provided, take effect and be in
force upon the expiration of thirty (30) da;ys after its
final passage, and shall, before the expiration of said
thirty (30) d~s and before going into effect, be pub-
lished once in the "Gilroy Gazette", a newspaper pub-
lished in said City of Gilroy; and if, during said
thirty (30) da;ys, a petition signed by not less than
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ten per cent. of the electors of said City of Gilroy
protesting against the passage of this ordinance be pre-
sented to said M~or and Common Council, the same shall
thereupon be suspended from going into operation, and
it shall be the duty of said M~or and Common Council
to reconsider this ordinance. If said ll~or and Common
Council shall thereupon not entirely repeal said ordi-
nance, they shall submit the same to a vote of the elec-
tors either at a regular municipal election or a special
election to be called for the purpose, and this ordi-
nance shall not go into effect or become operative,
unless a majority of the voters voting upon the same
shall vote in favor thereof.
Passed this 12th d~ of March, 1923, by
the following vote:
A,yes: Councilmen ~.G.(]~~ ~
?10'V\. Ro--ei~,&~~,~.I!.f, ..
Noes: Councilmen ~.
Absent: Councilmtm _~9. ~~~~
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Approved:
or of the
AtG::t:
_ ff. KuGJ--tAh.
City Clerk.U
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