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Home My WebLink AboutORD NO 1166 ORDINA CW. NO. 1 §6 NEw SER ES ORDINANCE GRANTING TO PACIFIC GAS AND ELECTRIC COMPANY, ITS SUCCESSORS AND ASSIGNS, THE FRANCHISE TO USE, FOR TRANSMITTING AND DISTRIBUTING GAS WITHIN THE CITY OF BAKERSFIELD 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 IN THE PUBLIC STREETS, WAYS AND PLACES WITHIN SAID CITY, AND TO CONSTRUCT AND USE IN SAID PUBLIC STREETS, WAYS AND PLACES ALL PIPES AND APPURTENANCES NECESSARY OR PROPER FOR SAID PURPOSES. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF BAKERSFIELD, as follows: Section 1. 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) The word "grantee" shall mean Pacific Gas and Electric Company, and its lawful successors or assigns; (b) The word "city" shall mean the City of ~kersfield, a municipal corporation of the State of California, in its present incorporated form or in any later reorganized, consolidated, enlarged or reincorporated form; (c) The word "streets" s~ll mean the public streets, ways, alleys and places as ~he same now or may hereafter exist within city, including state highways, now or hereafter established within city, and freeways hereafter established within city; (d) ~l~e word "gas" shall mean natural or artificial gas, or a mixture of natural and artificial gas; (e) ~1~e phrase "pipes and appurtenances" shall mean pipes, pipelines, mains, services, traps, vents, vaults, manholes, meters, gauges, regulators, valves, conduits, appliances, attach- ments, appurtenances and any other property located or to be located in, upon, along, across, under or over the streets of -1- the city, and used or useful in the transmitting and/or dis- tributing 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 acceptance by said grantee or its prede- cessor 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, lq11. Section 2. The franchise (a) to use, for transmitting and distributing gas within the City of Bakersfield for any and all pur- poses other than those authorized under said constitutional franchise, all gas pipes and appurtenances which now are or may hereafter be lawfully placed in the streets within said city, and (b) to 1.ay and use in said streets all pipes and appurtenances necessary or proper for said purposes, is hereby granted to Pacific Gas and Electric Company upon the terms, conditions, reservations, exceptions and provisions set forth in the Charter of the City of Bakersfield, and in that certain act of the Legislature of the State of California, com~nonly knowu and designated as the "~anchise Act of 1937". Section 3. The franchise hereby granted shall be inde- terminate and shall continue in full force until, with the consent of the Public Utilities Commission of the State of California, or other lawful authority having Jurisdiction in the premises, it shall be voluntarily surrendered or abandoned by the Grantee, or until the City, by agreement, shall purchase, or, under eminent domain, shall condemn and acquire all property actually used or useful in the exer- cise of such franchise and situate within the territorial limits of the City, 'or until it shall be forfeited for non-compliance with its terms by the Grantee, but in no event shall said franchise exceed the te~m of fifty (50) years from the effective date hereof. -2- Section 4. The grantee of said franchise shall during the life of such franchise pay to said city a sum annually which shall be equivalent to two per cent of the gross annual receipts of said grantee arising from the use, operation or possession of said fran- chise; provided, 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 such city under said franchise and said constitutional franchise. Section 5. The grantee shall file with the Clerk of said 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 calendar year thereafter, a duly verified statement showing in detail the total gross receipts of such grantee during the pre- ceding 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 calendar year, covered by such statement. Any neglect, omission or refusal by said grantee to file' such verified statement, or to pay said per- centage at the time and in the manner specified, shall be grounds for the declaration of a forfeiture of this franchise and of all rights of grantee hereunder. Section 6. If the grantee shall fail, neglect or refuse to comply with any of the provisions or conditions prescribed in this ordinance, and shall not, within ten (10) days after written demand for compliance, begin the work of compliance, or after such beginning shall not prosecute the same with due diligence to com- pletion, then the City of Bakersfield may, by action of the City Council, declare this franchise forfeited. The City of Bakersfield -B- may sue in its own name for the forfeiture of this franchise in the event of non-compliance by grantee with any of the conditions hereof. Section ?. City shall have the right at all reasonable times to examine all books, vouchers, records and other papers of grantee pertinent to the exercise of the franchise granted hereunder. Refusal of grantee to produce such books, vouchers, records and other papers at any reasonable time for examination by the City Clerk, Accountant, or other agent appointed by the City Council shall work a forfeiture of the franchise granted hereunder. Section 8. The franchise hereby granted shall not in any way or to any extent impair the right of the City of Bakersfield to acquire the property of the grantee, either by purchase or through the exercise of the right of eminent domain, and nothing herein con- tained shall be construed to contract away or to modify or to abridge the city's right to exercise the power of eminent domain. The fran- chise granted hereby shall never be given any value before any Court or other public authority in any proceeding of any character, in excess of the cost to grantee of the necessary publication, and any other sum paid by said grantee to said city therefor at the time of the acquisition thereof. Section 9. Grantee of this franchise shall relocate, without expense to city, any pipes and appurtenances theretofore installed, and then maintained or used under this franchise, if and when made necessary by any lawful change of grade, alignment or width of any streets by city, including the construction of any subway or viaduct, provided, however, that this provision shall remain in effect only so long as such street, subway or viaduct sb~ll remain under the Juris- diction of city as a city street, but shall cease 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 70B of the Streets and Highways Code of the State of California, or any corresponding provisions of law. Section 10. This ordinance shall become effective thirty days after its passage, unless suspended by a referendum petition filed as provided by law. Section 11. The grantee of said franchise shall 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 furnishe~ such grantee with a written statement of such ex- penses. Section 12. The franchise granted hereby shall not become effective until written acceptance thereof shall have been filed by the grantee with the City Clerk; however, the grantee shall accept the franchise hereby granted within thirty (BO) days after this ordinance becomes effective, and if the grante~ shall fail to file its acceptance with the City Clerk of the City of Bakersfield within the aforesaid time, the franchise hereby granted shall be ipso facto void and no longer in effect. Section lB. The City Clerk shall cause this ordinance to be published once within fifteen (15) days after its passage in The Bakersfield Californian , a newspaper of general circulation pUblished and circulated in said city. I HEBEBY CERTIFY that the foregoing O~dinance was passed and adopted by the Council of the City of Bakersfield, at a regular -5- meeting thereof held on the 20th day of Jan. uary, , , 1958~_, by the following vote: AYES: Councilmen.._ Balfanz~ Bentley, Carnakis, Collins~ Croe. s~ Dewire~ D~olin NAYS: Councilmen None ABSENT: Councilmen None City C~erk and EX-Officio Clerk of ~ '. .... ~ Council of the City of Bakersfield. APP. ROVED?~By me.~t.~.~is 20th day of January , 195~. -6- Affi avt! of los tng ( rhtnan es STATE OF CALIFORNIA, ) County of Kern~ ss. MARIAN S. IRVIN, being duly sworn, deposes and says: That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that on___t__h___e..__2__l_s...t....d...a.y..__o__f____J_a__n_u_..a.r.y.~ ......................... , 19.5...8____ she posted on the Bulletin Board at the City Hall, a fu~l, true and correct copy of an ordinance passed by the Counci.'] of said City at a me~ting thereof duly held on__.t_h..e..._2..0..~..h.._~y....Q__/~._J.&l~tt~l~y., ............ ,19.5.8_., which ordinance was numbered ........ _1._3._6.{~ .................. New Series, and entitled: ORDINANCE GRANTING TO PACIFIC GAS AND ELECTRIC O0]~lPANY, ITS SUCCESSORS AND ASSIGNS, T~/E FRANCHISE TO USE, FOR TRANSMITTING AND DISTRIBUTING GAS WITHIN THE CITY OF BAKERSFIELD 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 PRIDR TO ITS AMENDMENT ON OCTOBER 1911, ALL GAS PIPES AND APPURTENANCES WHICH ARE NOW OR MAY HEREAFTER BE LAWFULLY PLACED IN THE PUBLIC STREETS, WAYS AND PLACES WITHIN SAID CITY, AND TO CONSTRUCT AND USE IN SAID PUBLIC STREETS, WAYS AND PLACES ALL PIPES AND APPURTENANCES NECESSARY OR PROPER FOR SAID PURPOSES. Subscribed and sworn to before me this 22nd_..day of ......... ~Ianua~y_, ....... ;~ ........ , 19...5.8. ?~.' -~o~ary l~ublle in and for ~he County of Kern, S~ of California ~ ~- ~.. . '- '~ ' '~ .... ~Y Comm~:cr~ E;~plras Jun~ ~:, ~96~