Chapter 6-3
GAS SERVICES
Sections:
Article 1. Gas Services
6-3-110 Relocate appurtenances.
6-3-120 Statement of gross receipts.
6-3-125 Reimbursement for publication expenses.
6-3-130 Acceptance of franchise.
Article 1. Gas Services
6-3-100 Definitions.
Whenever in this Chapter the words or phrases hereinafter in this Section defined are used, they shall have the respective meanings assigned to them in the following definitions:
(A) “Grantee” shall mean the Pacific Gas and Electric Company, and its lawful successors or assigns;
(B) “City” shall mean the City of San Juan Bautista, a municipal corporation of the State of California, in its present incorporated form or in any later reorganized, consolidated, enlarged or reincorporated form;
(C) “Streets” shall mean the public streets, ways, alleys, and places as the same now or may hereafter be established within City, and freeways, hereafter established within City;
(D) “Gas” shall mean natural or artificial gas, or a mixture of natural and artificial gas;
(E) “Pipes and appurtenances” shall mean pipes, pipelines, mains, services, traps, vents, vaults, manholes, meters, gauges, regulators, valves, conduits, appliances, attachments, appurtenances and without limitation to the foregoing, 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 transmitting and/or distributing gas;
(F) “Install, maintain and use” shall mean to lay, construct, erect, install, operate, maintain, use, repair or replace.
6-3-105 Franchise.
The franchise to install, maintain and use in the streets of City all pipes and appurtenances for transmitting and distributing gas to the public for any and all purposes within City is hereby granted to Pacific Gas and Electric Company, its successors and assigns.
6-3-110 Relocate appurtenances.
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 the cost of any such relocation made necessary by the construction or any lawful change of grade, alignment or width of any freeway constructed by the State of California be voluntarily surrendered or abandoned by grantee, or until the State or some municipal or public corporation thereunto duly authorized by law shall purchase by voluntary agreement or shall condemn and take under the power of eminent domain, all property actually used and useful in the exercise 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 grantee.
6-3-115 Franchise fee.
Grantee of said franchise shall during the term thereof pay to the City two percent (2%) of the gross annual receipts of grantee arising from the use, operation or possession of said franchise; provided, however, that such payment shall in no event be less than one percent (1%) of the gross annual receipts of grantee derived from the sale of gas within the limits of the City.
6-3-120 Statement of gross receipts.
Grantee shall file with the City Clerk, within three (3) months after expiration of the calendar year, or fractional calendar year, following the date of the granting hereof, and within three (3) months after expiration of each and every calendar year thereafter, a duly verified statement showing in detail the total gross receipts of grantee during the preceding calendar year, from the sale of gas within City. Grantee shall pay to City within fifteen (15) 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, or to pay said percentage at the time and in the manner specified, shall be grounds for the declaration of a forfeiture of this franchise and of all rights and grantee hereunder.
6-3-125 Reimbursement for publication expenses.
Grantee of said franchise shall pay to 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 (30) days after City shall have furnished grantee with a written statement of such expenses.
6-3-130 Acceptance of franchise.
The franchise granted hereby shall not become effective until written acceptance thereof shall have been filed by grantee with the City Clerk.
Legislative History: Ord. 105 (4/7/59).