CHAPTER 11
FRANCHISES
ARTICLE 4. GAS FRANCHISE
SECTION:
§1955: Repairs And Reconstruction
§1958: Grantee Liable For Damages
§1961: Statement Of Gross Receipts
§1950 DEFINITIONS
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:
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 Ukiah, 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" shall mean the public streets, ways, alleys and places as the same now or may hereafter exist within City, including State highways, now or hereafter established within City, and freeway hereafter established within City.
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, without limitation to the foregoing, any other property located or to be located in, upon, along, across, under or over the streets of City, and used or useful in transmitting and/or distributing gas.
F. The phrase "install, maintain and use" shall mean to lay, construct, erect, install, operate, maintain, use, repair or replace.
G. The words "Director of Public Works" shall mean the Director of Public Works of the City as that office is presently constituted, or the appropriate officer of the City to whom the duties of supervising construction and repair of public streets and places may be delegated. (Ord. 568, §1, adopted 1965)
§1951 GRANT OF 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 is hereby granted to Grantee. (Ord. 568, §1, adopted 1965)
§1952 RELOCATION COSTS
Grantee shall relocate, without expense to City, any pipes and appurtenances installed, maintained or used under this franchise if and when made necessary by any of the following: by any lawful change of grade, alignment or width of, or closing or vacation 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 shall be divided equally between Grantee and the State of California and in no event shall be borne by City; or by the construction, reconstruction, repair, replacement, realignment, relocation, erection, installation, maintenance or use of any of the following City owned or operated facilities; water mains, water laterals, fire alarm circuits, electric transmission or distribution facilities, communication circuits publicly owned or maintained, storm drains, sanitary sewers, pedestrian walks, pedestrian malls, public transportation facilities, and every other public improvement of whatever nature installed, maintained or used by City. (Ord. 568, §1, adopted 1965)
§1953 CAPITAL IMPROVEMENTS
On or before the first day of April, 1966, and on or before the first day of April of each succeeding year this franchise is in effect, Grantee shall furnish to the Director of Public Works on forms to be supplied by him, a statement of the capital improvements Grantee will make during the ensuing fiscal year insofar as the same will require openings in streets or other public places. Grantee shall furnish with such statement such other information as the Director of Public Works may require in connection with his duties or construction and repair of public streets and places, and shall include from time to time as directed by the Director of Public Works an estimated projection of such capital improvements which Grantee anticipates will be made during the ensuing five (5) fiscal years. The information required to be supplied under this Section relates only to normal capital improvements and not to improvements which might be necessitated during a fiscal year because of unforeseen load conditions, emergency repairs or for service lateral connections. (Ord. 568, §1, adopted 1965)
§1954 CONFORMANCE WITH LAWS
Grantee shall construct, install and maintain all pipes and appurtenances in accordance and in conformity with all of the ordinances and rules heretofore or hereafter adopted by the City Council of the City relating to the location and maintenance of such facilities in streets. (Ord. 568, §1, adopted 1965)
§1955 REPAIRS AND RECONSTRUCTION
Grantee shall repair and reconstruct according to minimum specifications established by the Director of Public Works of City and approved by the City Council of City any street pavement, including curb, gutter or sidewalk or other public property removed or damaged as the result of the installation, maintenance or use by Grantee of any pipes and appurtenances. Such repairs and reconstruction shall be guaranteed by Grantee for a minimum period of three (3) years after the completion thereof. (Ord. 568, §1, adopted 1965)
§1956 INDEMNIFICATION
Grantee shall indemnify and hold harmless City, its electives and appointive officers, employees, agents, commissions and boards from all liability for damages proximately resulting from any operations under this franchise. The filing of the written acceptance of this franchise by Grantee constitutes a continuing indemnification agreement by Grantee as is contained in this Section. (Ord. 568, §1, adopted 1956)
§1958 GRANTEE LIABLE FOR DAMAGES
Grantee shall be liable to City for all damages proximately resulting from the failure of Grantee well and faithfully to observe and perform any provision of this franchise or any provision of Chapter 2 of Division 3 of the Public Utilities Code of California, which said Chapter 2 is entitled "Gas and Electric Franchises in Municipalities", as the same exists or may be hereafter amended. (Ord. 568, §1, adopted 1965)
§1959 TERM OF FRANCHISE
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 Public Utilities Commission of 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. (Ord. 568, §1, adopted 1965)
§1960 FRANCHISE PAYMENT
Grantee shall during the term of said franchise pay to 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. (Ord. 568, §1, adopted 1965)
§1961 STATEMENT OF GROSS RECEIPTS
Grantee shall file with the City Clerk, within three (3) months after the expiration of the calendar year, or fractional calendar year, following the date of the granting hereof, and within three (3) months after the 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, or such fractional 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. Any neglect, omission or refusal by Grantee to file such verified 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 of Grantee hereunder. (Ord. 568, §1, adopted 1965)
§1962 FRANCHISE ACT OF 1937
Said franchise is granted under the Franchise Act of 1937. (Ord. 568, §1, adopted 1965)
§1963 PUBLICATION COSTS
Grantee shall pay to City a sum of money sufficient to reimburse it for all publication expenses incurred by it in connection with the granting of said franchise. Such payment shall be made within thirty (30) days after City shall have furnished Grantee with a written statement of such expenses. (Ord. 568, §1, adopted 1965)
§1964 ACCEPTANCE BY GRANTEE
The franchise granted hereby shall not become effective until written acceptance thereof shall have been filed by Grantee with the City Clerk of City. (Ord. 568, §1, adopted 1965)