Ordinance 453
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ORDINANCE NO. 453
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AN ORDINANCE GRANTING TO COAST COUNTIES GAS AND ElECTRIC COMPANY, ITS SUCCFSSOBS
AND ASSIGNS, A FRANCHISE TO USE THE PUBLIC STREETS, BIGHWAYS, AND ALLEYS OF THE
CITY OF GILROY, CotJNrY OF SANTA CLABA., STATE OF CALIFORNIA, FOR THE PURPOSE OF
CONSTRUCTING, MAmrAmING AND USING A GAS TRANSMISSION SYSTEM FOR THE SALE AND
DISTRIBUTION OF GAS FOR LIGHT, HEAT, POWER AND ALL LAWFUL PURPOSES.
The MaJ'or and Common 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
COulffiES GAS .AID EI.J!:CTRIC COMPANY, a corporation, its successors, and assigns,for
a period of twenty-five (25) years from the date hereof, to use the public sta-eets,
high~s, and alleys of the City of Gilroy, County of Santa Clara, State of
California, for the purpose of constructing, maintaining and. using a gas trans-
mission system for the distribution and sale of gas for light, heat, power, and
all lawful purposes, and. a.n:r of them, to said municipality and its inhabitants.
Section 2. This franchise is granted and aha1l be held and enjoyed onlJ'
upon the terms and conditions herein contained, and the said grantee must, wi thin
thirty (50) ~s after the passage of this ordinance, file with the clerk of said
council of said City, a written acceptance of the terms and conditions herein ex-
pressed.
Section 3. 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, duriDg the life of this franchise, pay to
said municipality two per cent (~) of the gross annual receipts of said grantee
aris1ne from the sale of gas wi thin the l1m1 ts of the City of Gilroy, provided,
however, that the amount so paid shall in no event be less than. two per cent (~)
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 wi thin thirty (30) ~s after the 50th daJ' of June, 1947, and wi thin
thirty (50) ~s after the expiration of each and every year thereafter during the
term of this franchise, a statement verified under oath of grantee or its Manager
or presidine officer, showine the total gross receipts as hereinabove set forth,
and, within ten (10) ~s thereafter said grantee, its successors or assigns, shall
P8:3' to the Treasurer of the City of Gilroy in lawful money of the United States,
such sum as ma::r then be due by reason of said percentage. Any refusal to so file
said verified statement and to pay the 'amount due thereunder within the time speci...
fied, ma::r at the option of the said Common Council work a forfeiture of this fran-
chise and of all rights of said grantee, its successors or assigns thereunder, and
said City of Gilroy, through its proper officers, agents or authorized employees
for that purpose, shall have the right to examine the books of said grantee, its
successors or assigns, at reasonable times and in a reasonable ma.ml.er, for the
purpose of verifying any amount which may be due said City hereunder.
Section 6. This franchise shall be effective within the corporate 11m! ts
of the City of Gilroy as now existing and as the same m.a:y be extended during the
life of the franchise.
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Section 7. 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 cond1 tion 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 re...
pairs to be made at the expense of said grantee, its successors and assigns.
Section 8. In case of SJ:J.y change in grade of a:ny street, the grantee
will lower its gas facilities thereto as necessary without cost to the ,City of
Gilroy.
Section 9. The right, privilege and franchise hereby granted shal+ not
be exclusive, and there shall be reserved in and to said municipality the right
and privilege to grant like franchises for like ptU"poses to other persons or cor..
porations who shall make proper application therefor.
Section 10/ The grantee from time to time shall supply the City of Gilroy
with a map showing the principal transmission and diatribution lines used under
this franchise.
Section 11. This ordinance shall take effect and be in force thirty d~e
from. and after its passage and approval.
The foregoing ordinance was introduced for passage at theadjournectegular
meeting of the Mayor and Common Council of said City of Gilroy on the 16th d~
of June ,1941, and thereafter at the wourned regular meet1Dg of said
board held on the 19th day of June , 1947, was passed and adopted
by the following vote:
Noes:
Councilmen Ge artse M.Mason,Nat Heiner ,Ray L.Stevens,
James B. Thomas
Councilmen None
4es:
Absent:
Councilmen George A.Mart1n,J.H. Wentworth
Approved this 19th
~of
June
, 1947.
ATTEST :
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Ci ty C erk of the City of Gilroy
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