HomeMy WebLinkAboutOrd 0395NO e_j' d
ORDINANCE GRANTING TO PACIFIC GAS AND
ELECTRIC COMPANY, ITS SUCCESSORS AND
ASSIGNS, THE FRANCHISE TO USE, FOR TRANS-
MITTING AND DISTRIBUTING GAS WITHIN THE
CITY OF BURLINGAME FOR ANY AND ALL PURPOSES
OTHER THAN THOSE AUTHORIZED UNDER 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,
ALL GAS PIPES AND APPURTENANCES WHICH ARE
NOW OR MAY HEREAFTER BE LAWFULLY PLACED
WITHIN SAID CITY, AND TO LAY AND USE IN
SAID PUBLIC STREETS, WAYS AND PLACES ALL
PIPES AND APPURTENANCES NECESSARY OR PROPER
FOR SAID PURPOSES*
The City Council of the CITY OF BURLING ML' do
ordain as follows;
Section le Whenever in this ordinance the words
or phrases hereinafter in this section defined are used,
they shall have the respective meanings assigned to them
in the following definitions (unless, in the given instance,
the context wherein they are used shall clearly import a
different meaning).-
(a)
eaning):
(a) The word "grantee" shall mean
Pacific Gas and Electric Company and its law-
ful successors or assigns;
(b) The word "city" shall mean the City
of Burlingame, a municipal corporation of the
State of California, in its present incorporat-
ed form or in any later reorganized, consolidat-
ed, enlarged 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;
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(d) The word °gas"shall mean natural or
artificial gas, or a mixture of natural and
artificial gas;
(e) The phrase "pipes and appurtenances"
shall mean pipes, pipelines, mains, services,
traps, vents, vaults, manholes, meters, gauges,
regulators, valves, conduits, appliances,
attachments, appurtenances and any other prop-
erty 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 "lay and use" shall mean
to lay, construct, erect, install, operate,
maintain, use, repair or replace,
(g) The phrase "constitutional franchise"
shall mean the right acquired through accep-
tance 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 (a) to use, for trans-
mitting and distributing gas within the City of Burlingame
for any and all purposes other than those authorized under
said constitutional franchise, all gas pipes and appur-
2:
tenanees which now are or may hereafter be lawfully placed
in the streets within said city, and (b) to lay and use in
said streets all pipes and appurtenances necessary or
proper for said purposes, is hereby granted to Pacific Gas
and Electric Company, its successors and assigns, upon the
terms and conditions set forth in the Franchise Act of 1937,
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
Railroad Commission of the State of California, be volun-
tarily 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 agree-
ment,or shall condemn and take under the power of eminent
domain, all property actually used and useful in the exer-
cise 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* All construction done under said fran-
chise shall be done subject to the general supervision and
direction of the proper authorities of said city and in
compliance with all valid ordinances and regulations which
are now or shall hereafter be enacted and prescribed by said
city under its police power*
Section 5* All public streets, ways or places
disturbed or excavated by grantee:, its successors or
assigns, under said franchise, shall at its or their own
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cost and expense immediately be placed in as good order
and condition as same were in before being so disturbed
or excavated,
Section 6e The grantee of said franchise shall
during the term thereof pay to said city a sum annually
which shall be equivalent to two per cent (2�) of the
gross annual receipts of said grantee arising from the
use, operation or possession 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 (11.) of
the gross annual receipts derived by grantee from the
sale of gas within the limits of such city under said
franchise and said constitutional franchise.
Section 7e The grantee shall file with the
clerk of said city, within three months after the expira-
tion 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 cal-
endar year thereafter, a duly verified statement showing
in detail the total gross receipts of such grantee during
the preceding calendar year, or such fractional calendar
year, from the sale of gas within said city. Such
grantee shall pay to said 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 cal-
endar year,covered by such statement. Any neglect,
omission or refusal by said grantee to file such verified
statement, or to pay said percentage at the time and in
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the manner specified, shall be grounds for the declaration
of a forfeiture of this franchise and of all rights of
grantee hereunder,
Section 8. This franchise is granted under and
in accordance with the provisions of said Franchise Act of
19370
Section 9, Should said city hereafter acquire the
properties of the grantee of said franchise located within
the corporate limits of said city under the provisions of
the Public Utilities Act of the State of California by pro-
ceedings of eminent domain or condemnation the grantee of
said franchise will not claim before the Railroad Commission
of the State of California, any court or public body, a
value for said franchise in excess of the cost to the gran-
tee of the necessary publication and any other sum paid by
grantee to the city for said franchise at the time of the
acquisition thereof,
Section 10, This ordinance shall not become effec-
tive until thirty days after its final passage, or in the
event it is suspended by a referendum petition filed as
provided by law, then not until it has received the neces-
sary vote to pass the same, and in no event shall it become
effective until written acceptance hereof shall have been
filed by the grantee with the City Clerk as provided by law,
and until certificate of convenience and necessity has been
obtained from the Railroad Commission of the State of
California authorizing grantee to exercise throughout the
city the franchise granted hereby,
Section 11. The grantee of said franchise shall
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pay to the city a sum of money sufficient to reimburse it
for all publication expenses incurred by it in connection
with the granting thereof; such payment to be made within
thirty days after the city shall have furnished such
grantee with a written statement of such expenses*
Section 12* The City Clerk shall cause this
ordinance to be published once within fifteen (15) days
after its passage in the Burlingame Advance -Star, a news-
paper of general circulation published and circulated in
said city,
First read at a regular meeting of the City
Council of said city held on the lltinday of LLL.y
19_23 , and finally adopted and ordered published at a
regular meeting of said Council held on the 17thday of
aY , 19 Z'° , by the following vote:
B
UOS, COd,AYES: councilmen L ...DAL_L,' 7'0T11
NOES: Councilmen iGUZ
ABSENT: Councilmen N0i,1E
yor oe C y of Burlingame.
ATTEST-
City
TTEST:C ty Clerk of the City of
Burlingame
IN OFFICE OF
' r E S r ": 'R