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Ordinance 550 (Gas Distribution to PG&E)ORDINANCE NO- ORDINANCE GRANTING TO PACI`C GAS AND ELECTRIC CON[PANY, ITS SUCCESSORS AND ASSIGN""o THE FRANCHISE (1) TO USE, FOR TRANSMITTING AND DISTRIBUTING GAS, SUITED FOR LIGHTING9 FOR USE BY CONSUMERS FOR ANY AND ALL LAWFUL PURPOSES OTHER THAN LIGHTING, ALL PIPES AND APPURTENANCES WHICH ARE ZaOJ OR MAY HEREAFTER BE IA:ffULLY PLACED AND MAINTAMD IN THE PUBLIC STREETS AND PLACES WITHIN THE CITY OF SAN RAFAEL UNDER THAT CERTAIN FRANCHISE OF GRANTEE ACQUIRED PURSUANT TO 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, AND (2) TO INSTALL,, MAINTAIN AND USE IN SAID PUBLIC STREETS AND PLACES ALL PIPES P -ND APPURTENANCES, WHENEVER AND VMREVER SAID CONSTITUTIONAL FRANCHISE SHALL NOT BE AVAILABLE THEREFOR,, NECESSARY TO TRANSMIT AND DISTRIBUTE GAS SUITED FOR, AND FOR USE BY CONSUMERS FOR, ANY OR ALL IAWFUL PURPOSES. The City Council of the City of San Rafael does ordain as follows: Section i. Whenever in this ordinance the words or phrases hereinafter in this; section defined are used, they shall have the re- spective meanings assigned to them in the following defin-itions (un- less, in the given instance, the context wherein they are used shall clearly import a different meaning): (a) The word "grantee" shall mean Pacific Gas and Electric Company, its lawful successors or.assigns; (b) The word "city" shall mean the City of San Rafael s a municipal corporation of the State of California, in its present incorporated form or in any later reorganized, consolidated, en- larged 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 said city, including state highways, now or hereafter established within said city, and freeways hereafter established within said city; (d) The word "gas" shall mean natural or artificial gas, or a mix- ture of natural and artificial gas; (e) The phrase "pipes and appurtenances" shall mean pipes, pipelines, mains, services, traps, vents, vaults, manholes, meters, gauges, -1- regulators, valves, conduits, appliances, attachments, appurte- nances and 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 the transmitting and/or distributing of gas; (f) The phrase "install, maintain and use" shall mean to lay, con- struct, erect, install, operate, maintain, use, repair or replace. (g) The phrase "constitutional franchise" shall mean the right ac- quired through acceptance by said grantee or its predecessor in estate of the offer contained in the provisions of 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. Section 2. The franchise (1) to use, for transmitting and distributing gas, suited for lighting,for use by consumers for any and all lawful purposes other than lighting, all pipes and appurtenances which are now or may hereafter be lawfully placed and maintained in the public streets and places within said city under that certain franchise of grantee acquired pursuant to 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, and (2) to install, main- tain and use in said public streets and places all pipes and appurte- nances, whenever and wherever said constitutional franchise shall not be available therefor, necessary to transmit and distribute gas suited for, and for use by consumers for, any or all lawful purposes, is hereby granted to Pacific Gas and Electric Company, its successors and assigns. Section 3. Said franchise shall be indeterminate, that is to say, said franchise shall endure in full force and effect until the same shall, with the consent of the Public Utilities Commission of the State of California, be voluntarily surrendered or abandoned by the grantee, or until the state or some municipal or public corporation thereunto duly authorized by law shall purchase by voluntary agreement or shall condemn and take under the power of eminent domain, all -2- 0 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 the grantee. Section 4. The grantee of this franchise shall: (a) Install, maintain and use all pipes and appurtenances in accordance with and in conformity with all. of the ordinances, rules and regulations heretofore or hereafter adopted by the legis- lative egislative body of City in the exercise of its police powers and not in conflict with the paramount authority of the State of California, and, as to state highways within City, subject to the provisions of general laws or local ordinances relating to the location and main- tenance of such facilities; (b) Pay to City, on demand, the cost of all repairs to public property made necessary by any operations of grantee under this franchise; (c) Indemnify and hold harmless City and its officers from any and all liability for damages proximately resulting from any operations under this franchise; (d) Remove or relocate, without expense to City any facilities installed, maintained and used under this franchise if and when made necessary b..r any lawful change of grade, alignment or width of any streets, including the construction of any subway or viaduct, provided that this provision shall remain in effect only so long as such street, subway or viaduct shall remain under the jurisdiction of the City as a city street, but shall cease to be applicable to any such street if and when the same shall become a state freeway, nor shall it constitute a contractual obligation in respect to such freeway within the purview of Section 703 of the Streets and Highways Code of the State of California; -3- (e) File with the legislative body of City within thirty (30) days after any sale, transfer, assignment or lease of this franchise, or any part thereof, or of any of the rights or privileges granted herebi, written evidence of the same, certified thereto by grantee or its duly authcrized officers. Section 5. All streets disturbed or excavated by grantee shall at its own cost and expense immediately be placed in as good order and condition_ as same were in before being so disturbed or excavated. Section 6. Upon the expiration of the period for which this franchise shall endure, City, at its election and upon the pay- ment of a fair valuation therefor, as determined in a legal proceed- ing before the Public Utilities Commission of the State of California or in a condemnation proceeding in a court of proper jurisdiction, may purchase and take over to itself the property and plant of grantee in its entirety; but in no case shall the value of this franchise be considered or taken into consideration in fixing such valuation. Upon the payment by City of said valuation, said plant and property of grantee shall become the property of City by virtue of the grant and payment hereunder, and without the execution of any instrument or conveyance. Section 7. City shall have the right to make all regula- tions 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 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, provided such regulations shall not conflict with the regulations of the -4- Public Utilities Commission of the State of California or of any other state agency to whom particular police powers have beer. dele- gated applicable to grantee. Section 8. Grantee of said franchise shall during the tern thereof pay to City a su-n annually which shall be equivalent to two per cent of the gross annual receipts of said franchise; provided, however, that such payment shall in no event be less than a sum which shall be equivalent to one per cent of the gross annual re- ceipts derived by grantee from the sale of gas within the limits of City under said franchise and said constitutional franchise. Section 9. Grantee shall file with 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 calen- dar year thereafter, a duly verified statement showing in detail the total gross receipts of grantee during the preceding calendar year, or such fractional calendar year, from the sale of gas 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 state- ment, or to pay said percentage at the time and in the manner speci- fied, shall be grounds for the declaration of a forfeiture of this franchise and of all rights of grantee hereunder. Section 10. This franchise is granted pursuant to the charter provisions of the City of San Rafael, and particularly Article XIV thereof, and subject to the provisions thereof. Section 11. Grantee of said franchise shall pay to City a sum of money sufficient to reimburse it for all publication ex- penses incurred by it in connection with the granting thereof; such payment to be made within thirty days after City shall have furnished -5- grantee with a written statement of such expenses. Section 12. The franchise granted hereby shall not become effective until written acceptance thereof shall have been filed by grantee with the City Clerk. Section 13. Subject to the provisions of Section 12, here- of, 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 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 refer- endum 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. Jz 21 was read and introduced at a,u, a 6 tq meeting of the City Council of the City of San Ra fae , held on do`Y the % day of,?1t-c� , 19 63 and ordered passed to print by the following vote to wit: AYES: Councilmen V NOES: Councilmen ABSENT: Councilmen _") sk and will come up for adoption as an ordinance of the City of San . Rafael at a �.-_ .�.-: _ Meeting of the Council to be held on v the day of , 19 V s t CITY CLERK -oe