Ordinance 551
o R DIN A N C E
N o. 551
ORDINANCE GRANTING TO PACIFIC GAS AND ELECTRIC COMPANY,
ITS SUCCESSORS AND ASSIGNS, THE FRANCHISE TO CONSTRUCT,
MAINTAIN AND USE POLES, WIRES, CONDUITS AND APPURTENANCES,
INCLUDING CO~~UNICATION CIRCUITS, NECESSARY OR PROPER FOR
TRANSMITTING AND DISTRIBUTING ELECTRICITY TO THE PUBLIC
FOR ANY AND ALL PURPOSES IN, ALONG, ACROSS, UPON, UNDER
AND OVER THE PUBLIC STREETS AND PLACES WITHIN THE CITY
OF GILROY.
The Common Council of the City of Gilroy does ordain
as follows:
Section 1. Whenever 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;
fa) 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 municipal
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 phrase "poles, wires, conduits and appurtenances" shall
mean poles, towers, supports, wires, conductors, cables,
guys, stubs, platforms, crossarms, braces, transformers,
insulators, conduits, ducts, vaults, manholes, meters, cut-
outs, switches, communication circuits, applicances,
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
,
"
electricity;
(e) The phrase "construct, maintain and use" shall mean to
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construct, erect, install, lay, operate, maintain, use,
repair or replace.
Section 2. The ,franchise to construct, maintain
and use poles, wires, conduits and appyrtenances necessary or
proper for transmitting and distributing electricity to the
public for any and all purposes, in, along, across, upon,
under and over the streets within city is hereby ~ranted to
Pacific Gas and Electric Company, its successors and assigns.
Section 3. Grantee of this franchise shall relocate,
without expense to city, any poles, wires, conduits and appurte-
nances theretofore installed, and then maintained or used under
this franchise, if and when made necessary by any lawful change
of grande, 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 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 free-
way within the purview of Section 703 of the Streets and Hjgh-
ways Code of the State of California, or any corresponding pro-
visions 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~he 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
lawt, sharI:::; pnrchase c mY'J tofunnpary:i. agre~ent t.QlmshaJ:i>'::Q.oildemn l~nd
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
corporation purchasing or condemning such property, or until
said franchise shall be forfeited for noncompliance with its
terms by grantee.
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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 sale of electricity within the limits
of city. Thereafter, grantee of said franchise shall during 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 of grantee
derived from the sale of electrtcity within the limits of city.
Section 6. Grantee shall file witn the Clerk of city,
within 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 gross receipts of grantee dtiring the preceding
calendar year, or such fractional calendar year, from the sale of
electricity within city. Grantee shall pay to city within fifteen
days after the time for filing such statement, in lawful money
of the United States, the aforesaid percentage of its gross
receipts for such calendar year, or such 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 manner speci~ied, shall be grounds for the
declaration of a forfeiture of this franchise and of all rights
of grantee hereunder.
Section 7. Said franchise is granted under the
Franchise Act of 1937.
Section 8. This ordinance shall become effective
thirty days after its final passage unless suspended by a ref-
erendum 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 publica-
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
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expenses.
Section 10. The franchise granted hereby shall
not become effective until written acceptance thereof shall
have been fi&ed by grantee with the City Clerk.
Section 11. The City Clerk shall cause this ordin-
ance to be published once within fifteen (15) days after its
passage in the Gilroy Evening Dispatch, a newspaper of general
circulation 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 fiilially
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,Gallo,Petersen,Rush,
Wentworth
NOES: Councilmen None
ABSENT: Councilmen None
Approved:
M~e
Gilroy
.
~. ~~:. ~--J
City of
ATTEST:
Clerk\Jf~~tY of
Gilroy