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Ordinance 195 (Gas Distribution to PG&E)ORDINANCE NO. ORDINANCE GRANTING TO PACIFIC GAS AND ELECTRIC COMPANY, ITS SUCCI3SS0RS AND ASSIGNS, THE FRANCHISE TO USE, FOR THE TRANSMISSI0N AND DISTRIBUTION OF ELECTRIC ENERGY WITHIN THE CITY OF SAN RAFAEL FOR ANY AND ALL PURPOSES OTHER THAN THOSE AUTHORIZED UNDER SECTION 19 OF ARTICLE XI~ OF THE CONSTITUTION OF THE STATE OF CALIFORNIA AS SAID SECTION EXISTED PRIOR TO ITS AMENDMENT ON OCTOBER 10, 1911, ALL ELECTRIC TRANSMISSION AND DISTRIBUTION LINES, STRUCTURES AND APPARATUS THAT ARE NOW OR MAY HERE- AFTER BE LAWFULLY PLACED IN THE PUBLIC STREETS, WAYS AND PLACES WITHIN SAID CITY, AND TO CONSTRUCT, MAINTAIN AND OPERATE IN SAID PUBLIC STREETS, WAYS AND PLACES ALL CONDUITS, CONDUCTORS, STRUCTURES, POLES, WIRES AND APPARATUS NECESSARY OR PROPER FOR SAID PURPOSES. this ordinance, and any other proceedings in connection with the granting of the franchise herein provided for, shall not be considered or construed to be release of, a waiver of, or in derogation of the rights and privileges that the grantee hereunder now owns of using the public streets and thoroughfares of said City of San Rafael and of installing and using conduits, conductors, structures, poles, wires, and connections therewith under and pursuant to the provisions of Section 19 of Article XI of the Constitution of the State of California as the same existed prior to its amendment on October 10, 1911, NOW, THEREFORE, The City Council of the City of San Rafael do ordain as follows: Section 1. The franchise (a) to use, for the transmission and distribution of electric energy within the City of San Rafael for any and all purposes other than those authorized under Section 19 of Article XI of the Constitution of the State 1. of California as said section existed prior to its amendment on October 10, 1911, all electric transmission and distribution lines, structures and apparatus that are noir or may hereafter be lawfully placed in the public streets, gays and places within said city, and (b) to construct, maintain and operate in said public streets, ways, and places all conduits, conductors, structures, poles, wires and apparatus 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 2. All construction done under said franchise shall be done subject to the general. supervision and direction of the proper authori- ties of said city and in compliance 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, hereunder, shall at its or their own cost and expense immediately be placed in as good order and condition as same were in before being so disturbed or excavated. Section 4. 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 amon=g 2, other things the right to pass and enforce ordinances to protect the public from danger or inconvenience 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 payment 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 connection 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 made and established by the Railroad Commission of the State of California in a proceeding to be instituted 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: 3. property of the City by virtue of the grant and payment hereunder, and without the execution of any instrument or conveyance. section -6. The grantee of said franchise, its successors or assigns, shall during the life of said franchise pay to said City two per cent (2%) of the gross annual receipts of said grantee, its successors or assigns, arising from the use, operation or possession of said franchise. No percentage shall be paid for the first five years succeeding the date of this franchise, but there- after 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 7. Said franchise shall be held subject to all rights of said city provided by Article XIV of the Charter of said city. Section S. 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 grantee, its successors or assigns in the exercise of said. franchisee Section 9. This ordinance shall become effective sixty days after.its final passage 4. unless within said period there shall be filed with the City Clerk a referendum petition signed by qualified 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 of said 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 it shall go into effect immediately thereafter. The above and foregoing charter Ordinance No. / S^ was introduced at a regular meeting of the City Council of the City of San Rafael held on 7-k-�,4pt the / day of4-f—�19361 and ordered passed to print by the following vote, to -wit: Ayes: Councilmen Noes: Councilmen-�'�^-e Absent: Councilmen And will come up for adoption as an Ordinance of the City of San Rafael at a regular meeting of the Council to be held on Monday the Sixth day of July 1936. t. R=— lT`EIVE W. SMIT City Clerk 5.