Whenever in this article the words or phrases hereinafter in this section defined are used, they shall have the respective meaning assigned to them in the following definitions (unless, in the given instance, the context wherein they are used shall clearly import a different meaning):
"Code"
means the provisions of Division 3, Chapter 2, Sections 6201 through 6302 of the Public Utilities Code of the state of California.
"County"
means the county of Placer, a political subdivision of the state of California.
"Emergency work"
means work on any pipes and appurtenances in the streets in the county that has to be performed by grantee to effect emergency repairs and to ensure the safety of its gas system.
"Engineer"
means the Placer County director of public works or his or her authorized representative.
"Gas"
means natural or manufactured gas, or a mixture of natural and manufactured gas.
"Grantee"
means the corporation to which the franchise contemplated by this agreement is granted and its lawful successors or assigns.
"Lay and use"
means to lay, construct, erect, install, operate, maintain, use, repair, replace, or remove.
"Pipes and appurtenances"
means pipe, pipeline, main, service, trap, vent, vault, manhole, meter, gauge, regulator, valve, conduit, appliance, attachment, appurtenance and any other property located or to be located in, upon, along, across, under or over the streets of the county, and used or useful in transmitting and distributing gas.
"Streets"
means the public roads, highways, streets, ways, alleys and places as the same now or may hereafter exist within said county.
(Prior code § 22-742.1)
That the right, privilege and franchise, subject to each and all of the terms and conditions contained in this part, and pursuant to the code be and the same is granted to Southwest Gas Corporation, a corporation of California; herein referred to as "grantee" to lay and use pipes and appurtenances for transmitting and distributing gas for any and all purposes, under, along, across or upon those streets of the county described in Section 13.40.030 hereunder, for a term of 50 years from and after the effective date hereof, that is to say, this franchise shall endure in full force and effect for said term until the same shall, with the consent of the Public Utilities Commission of the state of California, by voluntarily surrendered or abandoned by its possessor, or until the state of California 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 this franchise and situate within the territorial limits of the state municipal or public corporation purchasing or condemning such property, or until this franchise shall be forfeited for noncompliance with its terms by the possessor thereof.
(Prior code § 22-742.2)
Grantee is authorized to lay and use pipes and appurtenances for transmitting and distributing gas for any and all purposes under, along, across or upon those streets of the county in the Lake Tahoe Area which are situated within:
Township 17 North, Range 15 East, M.D.B.&M. All of Sections 22, 23 and 24; all that portion of Sections 13, 14 and 15 south of the Placer/Nevada County line;
Township 17 North, Range 16 East, M.D.B.&M. All of Sections 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 32, 33, 34, 35 and 36; all that portion of Sections 13, 14, 15, 16, 17 and 18 south of the Placer/Nevada County line;
Township 17 North, Range 17 East, M.D.B.&M. All of Sections 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35 and 36; all that portion of Sections 13, 14, 15, 16, 17 and 18 south of the Placer/Nevada County line;
Township 17 North, Range 18 East, M.D.B.&M. All that portion of Section 19, South of the Placer/Nevada County line; all that portion of Sections 30 and 31 west of the California/Nevada state boundary line;
Township 16 North, Range 16 East, M.D.B.&M. All of Sections 1, 2, 3, 4, 5, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 32, 33, 34, 35 and 36;
Township 16 North, Range 17 East, M.D.B.&M. All of Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 16, 17, 18, 19, 20, 29, 30, 31, and 32; all that portion of Sections 13, 14, 15, 21, 22, 28 and 33 north and west of the Lake Tahoe shore line;
Township 16 North, Range 18 East, M.D.B.&M. All that portion of Sections 6, 7, 18, 19 and 30 West of the California/Nevada State Boundary line; all that portion of Sections 19 and 30 east of the Lake Tahoe shore line;
Township 15 North, Range 16 East, M.D.B.&M. All of Sections 1, 2, 3, 4, 9, 10, 11, 12, 13 and 14; all that portion of Sections 24, 25 and 36 west of the Lake Tahoe shore line;
Township 15 North, Range 17 East, M.D.B.&M. All that portion of Sections 4, 5, 6, 7, 18 and 19 west of the Lake Tahoe shore line;
Township 14 North, Range 16 East, M.D.B.&M. All of Section 13; all that portion of Sections 1 and 12 west of the Lake Tahoe shore line; and
Township 14 North, Range 17 East, M.D.B.&M. All that portion of the Northwest quarter (NW4) of Section 18; all that portion of Section 7 and 8, west of the Lake Tahoe Shore line.
Which streets are more particularly described in those maps showing the location of the construction in Placer County. Said maps shall be maintained by grantee and shall be made available to county upon request.
(Prior code § 22-742.3)
A. 
Grantee shall pay to the County at the times hereinafter specified, in lawful money of the United States, a sum annually which shall be equivalent to two percent of the gross annual receipts of grantee arising from the use, operation of possession of this franchise; provided, however, that such payment shall in no event be less than one percent of the gross annual receipts of grantee derived from the sale of utility service within the limits of the county under this franchise.
B. 
Grantee shall file with the clerk of the board of supervisors of the county of Placer within three months after the expiration of the first calendar year, or first fractional calendar year, during which the percentage payment of gross annual receipts if required pursuant to the immediately preceding paragraph, 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 grantee, its successors or assigns, during the preceding calendar year, or such fractional calendar year, from the sale of the utility service within the county for which this franchise is granted. It shall be the duty of grantee to pay to the county within 15 days after the time for filing such statement, in lawful money of the United States, the specified percentage of its gross receipts for the calendar year, covered by such statement, or such fractional calendar year covered by such statement.
C. 
The county or grantee shall have the right to reopen this franchise for the sole purpose of renegotiating the franchise fee to reflect any changes to Division 3, Chapter 2 of the code regarding such fee.
D. 
In addition to all other consideration specified herein, the grantee shall pay to the county within 30 days after the county has furnished grantee a written statement of such expenses, the actual cost of all publication expenses incurred in connection with the granting of this franchise pursuant to Section 6293 of the code.
E. 
Any neglect, omission or refusal by grantee to file the verified statement required hereby, to pay said percentage of gross annual receipts at the times or in the manner hereinbefore provided, or pay the costs of publication as hereinabove required, shall be grounds for the declaration of a forfeiture of this franchise and of all rights thereunder.
(Prior code § 22-742.4)
A. 
Grantee shall file a corporate surety bond, to be approved by the governing body, running to the county, which bond shall be in a penal sum in the amount of $10,000, and conditioned that grantee shall well and truly observe, fulfill and perform each term and condition of this franchise and that in case of any breach of condition of the bond, the whole amount of said penal sum shall be deemed to be liquidated damages, and shall be recoverable from the principal and surety upon the bond.
B. 
Said bond shall be filed with the clerk of the board of supervisors of the county within 30 days after the date of this franchise. If said bond is not so filed within the time aforesaid, the county may set aside the award of this franchise and any money paid therefor shall be forfeited to the county.
(Prior code § 22-742.5)
This grant is made in lieu of all other franchises, rights, or privileges owned by grantee, or any successor of grantee to any rights under this franchise, for transmitting and distributing gas within the limits of the county, as said limits now or hereafter exist, and the acceptance of this franchise granted shall operate as an abandonment of all such franchises, rights and privileges within the limits of this county, as such limits now or may hereafter exist, in lieu of which this franchise is granted.
(Prior code § 22-742.6)
The franchise granted hereunder shall not in any way or to any extent impair or affect the right of the county to acquire the property of grantee hereof either by purchase or through the exercise of the right of eminent domain, and nothing herein contained shall be construed to contract away or to modify or abridge, either for a term or in perpetuity, the county's right of eminent domain in respect to grantee or any public utility. Nor shall this franchise ever 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 it to the county therefor at the time of the acquisition thereof.
(Prior code § 22-742.7)
Grantee of this franchise shall:
A. 
Construct, install and maintain all pipes and appurtenances in accordance with and in conformity with all the ordinances, rules and regulations heretofore or hereafter adopted by the legislative body of this county in the exercise of its police powers and not in conflict with the paramount authority of the state of California, and, as to State highways, subject to the provisions of general laws relating to the location and maintenance of such facilities;
B. 
Also construct, install and maintain all pipes and appurtenances in accordance with and in conformity with any permit conditions imposed by the engineer; provided, that grantee has not objected to such condition or conditions in writing within 10 days of the issuance of the applicable permit. (If grantee so objects, such permit condition or conditions shall not apply to grantee until the legislative body of this county in the exercise of its police powers adopts such condition or conditions);
C. 
Pay to the county, on demand, the cost of all repairs to public property made necessary by an operations of grantee under this franchise;
D. 
Indemnify and hold harmless the county and its officers from any and all liability for damages proximately resulting from any operations under this franchise; and be liable to the county for all damages proximately resulting from the failure of grantee to well and faithfully observe and perform each and every provision of this franchise and each and every provision of Division 3, Chapter 2 of the code;
E. 
Remove or relocate, without expense to the county, any facilities installed, used and maintained under this franchise if and when made necessary by any lawful change of grade, alignment or width of any public street, way, alley, or place, including the construction of any subway or viaduct by the county;
F. 
Remove and legally dispose of any contaminated soils excavated as a result of any work authorized by this franchise; and
G. 
File with the clerk of the board of supervisors of the county of Placer within 30 days after any sale, transfer, assignment or lease of this franchise, or any part thereof, or of any of the rights or privileges granted thereby, written evidence of the same, certified thereto by the grantee or its duly authorized officers.
(Prior code § 22-742.8)
A. 
The engineer shall have the power to give grantee such directions for the location of any pipes and appurtenances as may be reasonably necessary to avoid sewers, water pipes, conduits or other structures lawfully in or under the streets; and before the work of constructing any pipes and appurtenances other than for emergency work is commenced, grantee shall file with said engineer plans showing the location thereof, which shall be subject to the approval of said engineer (such approval not to be unreasonably withheld);
B. 
The engineer shall be notified of any emergency work within 48 hours of such work being performed, and as-built drawings of any emergency work shall also be filed with said engineer within 30 days of completion of the work.
C. 
All such construction shall be subject to the inspection of said engineer and done to his or her reasonable satisfaction. All street coverings or openings of traps, vaults, and manholes shall be set in accordance with the applicable permit for such work.
D. 
Where it is necessary to lay any underground pipes through, under or across any portion of a paved or macadamized street, the same, where practicable and economically reasonable shall be done by a tunnel or bore, so as not to disturb the foundation of such paved or macadamized street.
E. 
Concurrently with the filing of plans for location approval and before the work of constructing any pipes and appurtenances is commenced, grantee shall also request specific permits for the following work:
1. 
All new main extensions and main replacements, unless waived by the engineer; and
2. 
All activities that result in the replacement of more than 100 square feet of paved or macadamized Street.
F. 
All other work performed by grantee in the streets shall be performed under a blanket annual permit, the terms of which shall be negotiated by the engineer and grantee prior to the beginning of each construction season.
(Prior code § 22-742.9)
If any portion of any street shall be damaged by reason of defects in any of the pipes and appurtenances maintained or constructed under this grant, or by reason of any other cause arising from the operation or existence of any pipes and appurtenances constructed or maintained under this grant, grantee shall, at its own cost and expense, immediately repair any such damage and restore such street, or portion of street, to as good a condition as existed before such defect or other cause of damage occurred, such work to be done under the direction of the engineer, and to his or her reasonable satisfaction.
(Prior code § 22-742.10)
A. 
If grantee of this franchise shall fail, neglect, or refuse to comply with any of the provisions or conditions hereof, and shall not, within 10 days after the written demand for compliance, begin the work of compliance, or after beginning shall not prosecute the same with due diligence to completion, then the county, by its legislative body, may declare this franchise forfeited.
B. 
The county may sue in its own name for the forfeiture of this franchise, in the event of non-compliance by grantee, its successors, or assigns, with any of the conditions thereof.
(Prior code § 22-742.11)
This franchise shall be effective from and after the date on which the ordinance codified in this part is effective under the general laws of the state of California.
(Prior code § 22-742.12)