HomeMy WebLinkAboutOrdinances - No. 260ORDINANCE GRANTING TO PACIFIC GQS AND
AND ASSIGNS. THE FRANCHISE TO USE. FOR EUCTRIC COMPANY- s ITS SDCCESSORS
TRANSMIT TIN^ BM) DISTRIBUTING GAS-WITHIN THE CITY OF LODI FOR BNY
AND ALL PURPOSES OTHER THAN THOSE AUTHOR-
IZED UNDER SECTION 19 OF ARTICLE XI OF THE
CONSTITUTION OF THE STATE OF CALIFORNIA AS
SAID SECTION EXISTED PRIOR TO nS AMENDIdENT
ON OCTOBER 10, 1911, ALL GAS PIPES AND AP-
BE LAWFOLLY PLACED IN THE PUBLIC STREETS, WAYS BND PLACES WITHIN SAID CITY, BM) TO LAY AND USE IN SAID PUBLIC STREEX'S, TAYS AND P&ACES ALL PIPES AND APPURTENANCES
EfRXCSSARY OR PROPW FOR SAID PURPOSES.
PuRTmmxs VHICH ARE NOW OR MAY HEREBFTER
The City Council of the City of Lodi
I does ordain as follows:
Seetion 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 wgerein they are used shall clearly import a differ-
ent meaning 1 :
(a) The word "grantee" shall mean the cor-
poration to which the franchise contemplated in
this ordinance is granted and its lawful succes-
sors or assigns;
(b2 The word "city" shall mean the Cfty of
Lodi , a municipal corporation or
the State of California, in its Feesent incorpo-
rated form or in my later reorganized, con-
solidated, enlarged or re-incorporated form; > (cE
streets, wags, alleys and places as the same now or may
hereafter exist within said city;
The word "streets" shall mean the public
.
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(d) The wor =gasw sha 1 Icean nat,ural or
artificial gas, or a mixture of natural and
artificial gas;
(e) The phrase "pipes and appurtenances"
shall mean pipes, plpelines, mains, services,
traps, vents, vaults, manholes, meters, gauges,
regulators, valves, condu\ts, appliances, attach-
ments, appurtenances and any other property
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 Iflay and use" shall mean
to lay, construct , erect, install, operate,
maintain, use, repair or replace.
(g) The phrase nconstiLutionaL franchise"
/ shall mean the right aaquired 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 sec$ion
existed prior to its amendment on October 10,
1911 *
Section 2, The franchise (a) to use, for
transmitting and distributing gas within the City of
2:
IlOIB3 for any and all purposes other than
those authorized under said constitutional franchise, all
gas pipes and sppurtenanoes 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 pipeg and appur-
tenances necessary or proper for saM purposes, is hereby
granted to Pacific Gas hnd Electric Gompany
upon the terms and conditions set forth in the Franchise Aot
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 Stete of California, be volun-
tarily surrendered or abandoned by the grantee, or until
the state or some municipal or public aorporation thereunto
duly authorized by law shall.purohase by voluntary agreement
or shall condemn and take under the power of emfnent domain,
all property actually used and useful fn the exercise of
said franohise and situate in the terrftorfal limits of the
stat'e, municipal or publio oorporation purohasing or con-
demning such property, or until said franchise shall be
forfeited for noncomplianoe with its terms by the grantee.
\
Section 4.
shall during the term thereof pay to said oity a sum
annually which shall be equivalent to two per oent of the
The grantee of said franchise
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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 of the gross annual re-
ceipts derived by grantee from the sale of gas within the
limits of such city under said franchise and said constitu-
tional franchise.
Section 5. The grantee shall file with the clerk
of said city, within,three months af€er the expiration of
the calendar year, or fractional calendar year, following
the date of the granting hereof, and within three months
after the ewiration of each and every calendar year there-
after, 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 aity with-
in 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 frac-
tional calendar gear, 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 the manner specified, shall be grounds for the decla-
\
ration of a forfeiture
of grantee hereunder,
Section 6.
in accordance with the
1937.
Section 7.
of this franchise and of all rights
This franchise is granted under and
provisions of said Franchise Act of
This ordinance shall become effective
thirty days after its final passage, unless suspended by a
referendum petition file& as provided by law.
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Section 8. The grantee of said franchise
shall pay to the oity a sum of money sufficient to
reimburse it for all publication expenses incurred by
it in conneotion with the granting thereof; such payment
to be made within thirty days after the cit
furnished suoh grantee with a written statement o
expenses.
The irancrhise granted Section 9.
not beoome effective until written acceptance
shall have been filed by the grantee with the
Section 10. The City Clerk shall caus
ordinance to be published once within fifteen (1
after its passage in
a newspaper of general circulation published and ci
in said city.
First read at a regular meeting of th
Council of said city held on the 6th day of Deo
192, and finally adopted and ordered published a
regular meeting of said Council held on the 20th day
December , IS=, by the following vote:
AYES: Councilmen GRAFFIGNA, NEIHE, CLARK, SPOONER
OES: Councilmen NOKE
SENT: Councilmen NONE.
A AT!l'EST :