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Ordinance 576 (Gas Distribution to PG&E)ORDINANCE NO. 57 G ORDINANCE AMENDING, FOR THE PURPOSE OF CORRECTING A TYPOGRAPHICAL ERROR IN REFERENCE TO FRANCHISE PAYMENTS, ORDINANCE NO. 551 OF THE CITY OF SAN RAFAEL ENTITLED "ORDINANCE GRANTING TO PACIFIC GAS AND ELECTRIC COMPANY, ITS SUCCESSORS AND ASSIGNS, THE FRAN- CHISE (1) TO USE., FOR TRANSMITTING AND DISTRIBUTING ELECTRICITY, SUITED FOR LIGHTING, F0,11 USE BY CONSUMERS FOR ANY AND ALL Lki=L PURPOSES OTHER THAN LIGHTING, ALL, POLES, �'IIRES, CONDUITS AND APPURTENANCES :��TIIGH ARE Nod OR MAY HEREAFTER BE LA:�IFULL•Y PLACED AND MAINTAINED IN THE PUBLIC STREETS AND PLACES WITHIN THE CITY OF SAT; RAFAEL UNDER THAT CERTAIN FRANCHISE OF GRANTEE ACQUIRED FURSUANT TO SECTION 19 OF ARTICLE XI OF THE CONSTITUTION VOL' THE STATE OF CALIFORNIA, AS SAID SECTION EXISTED PRIOR TO ITS AI'END- METJT ON OCTOBER lQ, 1911, AND (2) TO CONSTRUCT, MAINTAIN AND USE IN SAID PUBLIC STREETS AND PLACES ALL PULES, vdIRES, CONDUITS AND APPURTENANCES, INCLUDING COMTVIUNI CATION CIRCUITS, WHENEVER AND 9HEREVER SAID CONSTITUTIONAL• FRANCHISE SHALL NOT BE AVAILABLE TIIE.REFOR, NECESSARY TO TRANSMIT AND DISTRIBUTE ELECTRICITY SUITED FOR, AND FOR USE BY CONSUMERS FOR, ANY OR ALL LAWFUL PURPOSES." follows: The City Council of the City of San Rafael does ordain as JHEREAS the City Council .ef the City of San Rafael did, at a regular meeting held on May 4, 1953, duly pass its Ordinance No. 551 entitled "ORDINANCE GRANTING TO PACIFIC GAS AND ELECTRIC COTL'IPANY, ITS SUCCESSORS AND ASSIGNS, THE FRANCHISE (1) TO USE, FOR TRANSMITTING AND DISTRIBUTING ELECTRICITY, SUITED FOR LIGHTING, FOR USE BY CONSUI'ERS FOR ANY AND ALL LAKFUL PURPOSES OTHER THAN LIGHTING, ALL PALES, 1dI?ES, CONDUITS AND APPURTENANCES WHICH ARE NOW OR MAY HEREAFTER BE LAWFULLY PLACED AND MAINTAINED IN THE PUBLIC STREETS AND PLACES THE CITY OF SAN RAFAEL UNDER THAT CERTAIN FRANCHISE OF GRANTEE Y.CQUIRED PUR- SUANT TO SECTION? 19 OF ARTICLE XI OF THE CONSTITUTION OF THE STATE OF CALIFORNIA, AS SAID SECTION EXISTED PRIOR TO ITS AMENDMENT ON OC'TO-ER 10, 1911, AND (2) TO CONSTRUCT, MAINTAIN AND USE IN SAID PUBLIC STREETS AND PLACES ALL POLES, .MIRES, CONDUITS AND APPURTENANCES, INCLUDING COMMUNICATION CIRCUITS, 4HENEVER AND dHEREVER ,SAID CONSTITUTIONAL FRANCHISE SHALL NOT BE AVAILABLE THEREFOR, NECESSARY TO TRANSMIT AND DISTRIBUTE ELECTRICITY SUITED FOR, AP1D FOPS USE BY CONSUMERS FOR, ANY it OR ALL LAUJFUL PURPOSES; and :'dHEREAS Section 8 of said ordinance as passed read as fol- lows: "Section 8. Grantee of said franchise shall during the tern -,,i 9IM thereof pad,* 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 shell in no event be less than a sum which shall be equivalent to one-half 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"; 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. 551 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. 551 as passed of the words "of grantee arising from the use, operation or possession"; and vvI-IEREAS the City Council in response to said application passed its resolution No. 1446 or. 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 language contained in the form of proposed ordinance referred to 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 9HEREAS the omission of said words: "of grantee arising from the use, operation or possession", fro_« said Section 8 in said Ordinance No. 551 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; -2- NOd, THEREFORE, the City Council of the City of San Rafael do ordain as follows: Section 1. Section 8 of said Ordinance No. 551 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, operation 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-half per cert of the gross an- nual receipts derived by grantee from the sale of electricity within the limits of City under said franchise and said constitutional franchise.11 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- mediately thereafter. Tile above and foregoing Charter Ordinance No. 57& was read and introduced at a P.egvlat- meeting of the City Council of. the City of Sart Rafael, held on ".0t7d the M day of �,(�ri 1954, and ordered passed to print by the --r following vote to wit: AYES: Councilmen: A � roado% , /r%lnniS. Wood, and /'/A�/a���VeK NOES: Councilmen: �o,o ABSENT: Councilmen: .�2Qon +� and will come up for adoption as an ordinance of the City of Sar, Rafael at a�ular meeting of the Council to be held Mglwl c the day of ��j/i , 195L,.. •IVIORUAIN, rITY CLERK -3- BY LO