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Ordinance 187 (Gas Distribution to PG&E)ORDINANCE NO. ORDINANCE GRANTING TO PACIFIC GAS AND ELECTRIC COMPANY, ITS SUCCESSORS AND ASSIGNS, THE FRANCHISE TO UM, FOR TRANSMIT- TING, CONDUCTING, AND DISTRIBUTING GAS WITHIN THE CITY OF SAN RAFAEL FOR ANY AND ALL PURPOSES OTHER THAN THOSE AUTHORIZED IINDER SECTION 19 OF ARTICLE X1: OF THE CONSTITUTION OF THE STATE OF CALIFORNIA AS SAID SECTION EXISTED PRIOR TO ITS ON OCTOBER 1G, 1311' ALL GAS MAINS, PIPES, CONDUITS AND CONNECTIONS THEREWITH THAT ARE NOW OR MAY HERE AFTER BE LAWFULLY PLACED Iff THE PUBLIC STREETS, WAYS AND PLACES tiYITHIN SAID CITY, AND TO CONSTRUCT, MAINTAIN AND OPERATE IN SAID PUBLIC STREETS, WAYS AND PLACES ALL MAINS, PIPES, CONDUITS AND CONNECTIONS NECESSARY OR PROPER FOR SAID PURPOSES, follows: The Council of the Gity of San Rafael do ordain as Section 1, The franchise (a) to use, for transmitting, conducting$ and distributing gas within. the City of San Rafael for any and all purposes other than those authorized under Section 19 of Article Sl of the constitution of the State of Cakifornia as said section existed prior to its amendment on October 101, 1911., all gas mains, pipes, conduits and connections therewith that are now or may hereafter be lawfully placed: in the public streets* ways and places within said cityD and Ebj to construct' maintain and operate in said public streets,, ways and- places ndplaces all mains, pipes, conduits and connections necessary or proper for said purposes, is hereby granted to Pacific Gas and Electric Company, its successors and assigns* for the term of fifty years from and after the effective date of this ordinance upon the terms and conditions in this ordinance prescribed. Section a..* All construction done under said fran- chise shall be done subject to the general supervision.and direction of the proper authorities of said city and in com- pliance with all valid ordinances and regulations which are now or shall hereafter be enacted and prescribed.by said City under its police power, Section 3, All public streets, ways or places disturbed. or excavated by grantee, its successors or assigns$ :1: hereunderp shall at its or their own cost and expense imme- diately be placed in as good order and condition as same were in before being so disturbed or excavated* Section ¢, Said city shall have the right to make all regulations which shall be necessary to secure in the most ample manner the safety, welfare and accommodation of the public, including among other things the right to pass and en- force ordinanass to protect the public from danger or in- convenience in the operation of any work or business authorized by the grant of this franchise and to make and enforce all such regulations as shall be reasonably necessary to secure adequate, sufficient and proper service and accommodations for the people and insure their comfort and convenience* Section 5. At the expiration of the period for which this franchise is granted said city may at its election and upon the payjmnt. of a fair valuation therefor to be made in the manner hereinafter provided, purchase and take over to itself in its entirety the property and plant of the grantee of this franchise, its successors or assigns, used or useful in connec- tion.with the operation of this franchise* The valuation of said property of the grantee, its successors and assigns if the City shall elect to exercise its option to purchase said property hereunder shall be mad® and established by the Railroad Com- mission of the State of California in a proceeding to be in- stituted before it for that purpose, but the value of this franchise shall not be considered or taken into account in fixing such valuation. Upon the payment by the City of said valuation said plant and property of the grantee of this franchise, its successors and assigns shall become the property of the City by virtue of the grant and payment hereundar, and without the exe- eution of any instrument or conveyance* Section 6. The grantee of said franchise,its suc- cessors or assigns, shall during the life of said franchise pay to said City two per cent (2%J of the gross annual re- ceipts of said grantee., its successors or assigns, arising from the use, operation or possession of said f3mnchise, No percentage shall be paid for the first five years succeeding the date of this franchise, but thereafter such percentage shall be payable annually; and in the event said payment shall not be made said franchise shall be forfeited; provided, however, that if said franchise be a renewal of a right already in existence the payment of said percentage of gross receipts shall begin at once. Section 7o Said franchise shall be held. subject to all rights of said city provided by Article = of the Charter of said city. Section 8s Grantee of said franchise, its successors or assigns,, shall indemnify and save harmless the City of San. Rafael from all liability for any injuries to persons or property resulting from a dangerous or defective condition of any public street or highway in the City of San Rafael created or caused by said grantees its successors or assigns in the exercise of said franchise, Section 9, This ordinance shall become effective sixty days after its final passage unless within said period there shall be filed with. the City Clerk a referendum petition signed by quali- fied electors equal in number to ten per cent, of the entire vote cast at the last preceding general municipal election requesting that such ordinance be submitted to the electors at the next occurring general or special municipal election as provided by the Charter ofsaid city. In case such referendum petition is duly filed such ordinance shall not go into effect until approved by a majority of the voters voting at such referendum election but when so approved 3: it shall go into effect immediately thereafter& The -above and foregoing Charter Ordinance Noj � Was introduced at aregular meeting of the City Council of the City of San Rafael held on Monday the 5th ady of August 1935)and ordered passed to print by the following vote to -wit: Ayes : Councilmen: Bates)Borges) Dutton;Grady 'and Mayor Riede Noes: Councilmen :None. Absent: Councilmen: None. a� an ordtnance 0i` t .e City o -A Sm -Rmoi„ at a regular adjourned"meeting of said Coup.cil to be held on'Wednesday the 14th day of August,1935 at the hour of 10 -o'clock A.M. M 4: