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Ordinance 551 (Gas Distribution to PG&E)ORDINANCE NO. . 2 "5'1 ORDINANCE GRANTING TO PACIFIC GAS AND ELECTRIC COMPANY, ITS SUCCESSORS AND ASSIGNS, THE FRANCHISE (1) TO USE, FOR TRANS- MITTING AND DISTRIBUTING ELECTRICITY, SUITED FOR LIGHTING, FOR USE BY CONSUMERS FOR ANY AND ALL LAWFUL PURPOSES OTHER THAN LIGHTING, ALL POLES, WIRES, CONDUITS AND APPURTENANCES WHICH ARE NOW OR MAY HEREAFTER BE LAWFULLY PLACED AND MAIN- TAINED 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 CONSTI- TUTION OF THE STATE OF CALIFORNIA, AS SAID SECTION EXISTED PRIOR TO ITS AMENDMENT ON OCTOBER. 10, 1911, AND (2) TO CON- STRUCT, MAINTAIN AND USE IN SAID PUBLIC STREETS AND PLACES ALL POLES, WIRES, CONDUITS AND APPURTENANCES, INCLUDING COMMUNICATION CIRCUITS, WHENEVER AND WHEREVER SAID CONSTITU- TIONAL FRANCHISE SHALL NOT BE AVAILABLE THEREFOR, NECESSARY TO TRANSMIT AND DI STR IBUTE ELECTRICITY SUITED FOR, AND FOR USE BY CONSUMERS FOR, ANY OR ALL LAWFUL PURPOSES. The City Council of the City of San Rafael 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 re- spective meanings assigned to them in the following definitions (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 , 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 phrase "poles, wires, conduits and appurtenances" shall mean poles, towers, supports, wires, conductors, cables, guys, stubs, platforms, crossarms, braces, transformers, insulators, conduits, -1- 3031b: ducts, vaults, manholes, meters, cut-outs, switches, communica- tion circuits, appliances, attachments, appurtenances 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 electricity; (e) The phrase "construct, maintain and use" shall mean to construct, erect, install, operate, maintain, use, repair or replace. (f) 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 electricity, suited for lighting, for use by consumers for any and all lawful purposes other than lighting, all poles, wires, conduits 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 Califor- nia, as said section existed prior to its amendment on October 10, 1911, and (2) to construct, maintain and use in said public streets and places all poles, wires, conduits and appurtenances, including communication circuits, whenever and wherever said constitutional fran- chise shall not be available therefor, necessary to transmit and dis- tribute electricity 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 MI thereunto duly authorized by law shall purchase by voluntary agree- ment or shall condemn and take under the power of eminent domain, all property acti.ially used and useful in the exercise of said franchise and situate in the te.i?torial linir_,s of the state, municipal or pub- lic 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) Construct, maintain and use all poles, wires, conduits, and appurtenances in accordance with and in confor.n.Aty with all of the ordinances, .rules and regulations heretofore or hereafter adopted by the legislative 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 loca- tion and raintenance 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 harr.,-�less City and its officers from ary and all liability for damages -proximately resulting from any operations ,_ander this franchise; (d) He11ove or relocate, without expense to City any facili- ties constructed, maintained and used under this franchise if and when made necessary by any lawful change of grade, alignment or width of any streets, including the construction of any subway or viaduct, pro- vided that this provision shall remain in effect only so long as such S4 subway or viaduct shall retrain under the jurisdiction of the City as a city street, but shallcease 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; (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 hereby, written evidence of the same, certified thereto by grantee or its duly authorized 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. Secti.on 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 -4- such regulations shall not conflict with the regulations of the Public Utilities Commission of the State of California or of any other state agency to whom particular police powers have been dele- gated applicable to grantee. Section8. Grantee of said franchise shall during the term thereof pay to City a sum 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 -calf per cent of the gross annual receipts derived by grantee from the sale of electricity 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 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 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 Sara 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 expenses incurred by it in connection with the granting thereof; such payment -5� to be made within thirty days after City shall have furnished 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-- endurr 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. was read and introduced at a'4 _PV1UAXL meeting of the City Council of the City of Sari Rafael, held on the da of 19,5 3 and ordered passed to rine b the Y , P P Y following vote to wit: AYES: Councilmen NOES: Councilmen' . ABSENT: Councilmen_ and will come up for adoption as an ordinance of the City of San Rafael at a e-`; LL.A_ Meeting of the Council to be held on v the day of _ 44w� _._...�.__ 9 196 U CITY CLERK _o�.