HomeMy WebLinkAboutOrdinance 575 (Gas Distribution to PG&E)ORDINANCE NO. 57 -5 -
ORDINANCE
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ORDINANCE AMENDING, FOR THE PURPOSE OF CORRECTING A TYPOGRAPHICAL
ERROR IN REFERENCE TO FRANCHISE PAYMENTS, ORDINANCE NO. 550 OF
THE CITY OF SAN RAFAEL ENTITLED "ORDINANCE GRANTI?1s TO PACIFIC
GAS AND ELECTRIC COMPANY, ITS SUCCESSORS AND ASSIGNS, THE FRAN-
CHISE (1) TO USE, FOR TRANSMITTING AND DISTRIBUTING GAS, SUITED
FOR LIGIITITdG, FOR USE BY CONSUMERS FOR ANY AND ALL LAWFUL PURPOSES
OTHER THAN LIGHTING, ALT, PIPES AND APPURTENANCES WHICH ARE NOW OR
MAY HEREAFTER BE LAWFULLY PLACED AND MAINTAINED IN THE PUBLIC
STREETS AND PLACES WITHIN THE CITY OF SAN RAFAEL UNDER THAT CER-
TAIN 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 AND APPURTENANCES, 9HENEVER AND hIHEREVER SAID CONSTITU-
TIONAL FRANCHISE SHALL NOT BE AVAILABLE THEREFOR, NECESSARY TO
TRANSMIT AND DISTRIBUTE GAS SUITED FOR, AND FOR USE BY CONSUMERS
FOR, ANY OR ALL LAdFUL PURPOSES."
follows:
The City Council of the City of San Rafael does ordain as
WHEREAS the City Council of the City of Sar. Rafael dial, at
a regular meeting held on May 4, 1953, duly pass its Ordinance No. 550
entitled "ORDINANCE GRANTING TO PACIFIC GAS AND ELECTRIC COMPANY., ITS
SUCCESSORS AND ASSIGNS, THE FRANCHISE (1) TO USE, FOR TRANSMITTING AND
DISTRIBUTING GAS, SUITED FOR LIGHTING, FOR USE BY CONSUDTRS FOR ANY
AND ALL LAdFUL PURPOSES OTHER THAN LIGHTING, ALL PIPES AND APPURTENANCES
dHICH ARE NOW OR MAY HEREAFTER BE LAWFULLY PLACED AND MAINTAINED 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 AND AP-
PURTENA>`JCES, WHENEVER AND WHEREVER CONSTITUTIONAL FRANCHISE SMALL
NOT BE AVAILABLE THEREFOR, NECESSARY TO TRANSMIT AND DISTRIBUTE GAS
SUITED FOR., AND FOR USE BY CONSUMERS FOR, ANY OR ALL LAWFUL PURPOSES"
and
ddHEREAS Section 8 of said ordinance as passed read as fol-
lows: "Section 8. Grantee of said franchise shall during the terra
thereof pay to City a suer, annually which shall be equivalent to two
per cent of the gross annual receipts of said franchise; provided,
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however, that such payment small in no event be less than a Burr whirr.
shall be equivalent to one per cent of the gross annual receipts de-
rived by grantee from the sale of gas within the limits of City under
said franchise and said constitutional franchise"; and
WHEREAS said Section 8 as passed is at variance with -the
corresponding language applicable to such franchise payment as set
forth in the form of application of Pacific Gas and Electric Company
dated 'November 12, 1952, and filed with the City Clerk, pursuant to
which said Ordinance No. 550 was subsequently passed, and also at
variance with the corresponding language contained in the form of
proposed ordinance to grant such franchise, which accompanied. said
application and was referred to therein, which variances consisted in
the omission from said Section. 8 of said Ordinance No. 550 as passed
of the words "of grantee arising from the use, operation or possessions";
and
SHEREAS the City Council in response to said application
passed its resolution: No. 14.45 on on March 2, 1953 declaring its inten-
tion: to grant such franchise as theretofore applied for, and of the
character and for the purposes mentioned in the form of notice made a
part of said resolution of intention, which notice provided that
grantee of such franchise should make annual payments under such fran-
chise in terms coinciding with the languages contained in the form of
proposed ordinance referred t o in said application., which notice with
said language was duly published after the passage of said resolution.
in a newspaper of general circulation within the City of San Rafael;
and
JHEREAS the omission of said words: "of grantee arising
from the use, operation or possession", from said Section 8 in said
Ordinance NO. 550 as passed was a mere inadvertent, typographical
omission_ and contrary to intent of the City Council, and said City
Council desires to correct said inadvertent error;
NO4, THEREFORE, the City Council of the City of San Rafael
do ordain as follows:
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Section 1. Section 8 of said Ordinance No. 550 is hereby
amended to read as follows: "Section 8. 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 grantee
arising from the use, op eration or possession of said franchise; pro-
vided, 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 receipts
derived by grantee from the sale of gas within the limits of City under
said franchise and said constitutional franchise."
Section 2. 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 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.; im-
inediately thereafter.
T'he above and foregoing Charter Ordinance No. 57.5 was read
and introduced at a meeting of the City Council of the
City of San Rafael, held ori "0nc a the .5-�h day of hi
195.4, and ordered passed to print by the following vote to wit:
AYES: Councilmen A _y� �o04'a�e , /Y%f.Ino/ moccl al?d
NOES: Councilmen /L/o4 e
ABSENT: Councilmen /Vo? X0_
and will come up for adoption as an ordinance of the City of San Rafael
at a lar meeting of the Council to be held the
day of 1954
W.L. MORGAN,
By
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