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Ordinance 454 .. () o .I '/ /'l 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. -1- ~~A ,-- . j 7 j '--"..,' I~-(.,. , \/ ) ',......,/' 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: , 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 i'\, ",") , f) -'!!",. "', -2-