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Ordinance 575 (Gas Distribution to PG&E)ORDINANCE NO. 57 -5 - ORDINANCE %S 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, -1- 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: -2- 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 i 8 u UY