Whenever the words or phrases hereinafter in this section defined
are used, they shall have the respective meanings assigned to them
in the following definitions:
means the City of Stockton, a municipal corporation of the
State of California, in its present incorporated form or in any later
reorganized, consolidated, enlarged or reincorporated form;
means the right acquired through acceptance by 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 section existed prior to its amendment on October 10, 1911.
means natural or artificial gas, or a mixture of natural
and artificial gas;
means the Pacific Gas and Electric Company, its lawful successors
or assigns;
means to lay, construct, erect, install, operate, maintain,
use, repair or replace;
means 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;
means 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 freeways hereafter established
within City;
(Prior code § 12-017)
The franchise:
A.
to
use, for transmitting and distributing gas suited for lighting but
for use by consumers for any and all lawful purposes other than lighting,
all pipes and appurtenances which are now or may hereafter be lawfully
placed and maintained in the streets within City under the constitutional
franchise of grantee; and
B.
to
install, maintain and use in said streets and places all pipes and
appurtenances, whenever and wherever the constitutional franchise
of grantee is not now nor shall hereafter be available therefor, necessary
to transmit and distribute gas suited for, and for use by consumers
for, any or all lawful purposes, is hereby granted to Pacific Gas
and Electric Company, its successors and assigns.
(Prior code § 12-018)
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 shall remain under the jurisdiction of City as a
City street, but shall cease to be applicable to any such street if
and when the same shall become a freeway, nor shall it constitute
a contractual obligation in respect to such freeway within the purview
of Section 703 of the Streets and Highways Code of the State, or any
corresponding provisions of law.
(Prior code § 12-019)
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,
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.
(Prior code § 12-020)
Grantee of said franchise shall during the term thereof pay
to City a sum annually which shall be equivalent to 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 a sum which shall be equivalent to 1% of the gross
annual receipts derived by grantee from the sale of gas within the
limits of City under said franchise and said constitutional franchise.
(Prior code § 12-021)
Grantee shall file with the Clerk of 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 grantee during the preceding calendar year, or such fractional
calendar year, from the sale within City. Grantee shall pay to City
within 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.
(Prior code § 12-022)
All construction under this franchise shall be done subject
to the general supervision and direction of the proper authorities
of City and in compliance with all valid ordinances and regulations
which are now or shall hereafter be enacted and prescribed by City
under its police power.
(Prior code § 12-023)
All streets disturbed or excavated by grantee in the exercise
of this franchise shall at its own cost and expense immediately be
placed in as good order and condition as they were in before being
so disturbed or excavated.
(Prior code § 12-024)
Grantee shall maintain its plant and fixtures constructed hereunder
at the highest practical standard of efficiency at all times. Any
willful failure and neglect of grantee after reasonable notice from
the City Council to observe all such requirements including the standards
of efficiency and service prescribed by the City Council shall be
grounds for forfeiture of this franchise and of all rights, privileges
and benefits accruing hereunder to grantee or at the option of City
for such action as may be appropriate for the enforcement thereof.
(Prior code § 12-024)
City does hereby reserve the right to purchase upon six months
notice to grantee, the property of grantee used and useful in exercising
the same, at a price to be determined by the Public Utilities Commission
of the State or its successor, or on failure or refusal of such Commission
or its successor to act, then by three appraisers, one appointed by
grantee, one by the City Council, and the third by the two so appointed.
The cost of such appraisal shall be borne equally by City and grantee.
The price of the properties shall be fixed in accordance with the
then existing rules of the Public Utilities Commission of the State,
or its successor, but in no event shall the value of the franchise
itself be included in said price, nor shall the value of any other
franchise of grantee for the use of public roads and ways in jurisdictions
outside of City be given any value for the purpose of determining
the price of said remaining properties of grantee as the result of
the purchase of the properties within City as herein provided.
(Prior code § 12-026)
This franchise shall not be let, assigned or leased or otherwise
alienated without the express consent of City given by ordinance and
no dealings on the part of City with any purchaser, lessee or assignee
to require the performance of any act or payment of any compensation
by such purchaser, lessee, or assignee, shall be deemed to operate
as such consent, provided that nothing herein shall be construed to
prevent grantee from including same in a mortgage or deed of trust
executed for the purpose of obtaining money for corporate objects.
(Prior code § 12-027)
Construction work under this franchise shall be commenced in
good faith within four months from the taking effect of the ordinance
codified in this chapter and any work commenced hereunder at any time
during the term of this franchise shall be prosecuted diligently to
completion and in good faith so as to meet and fill the reasonable
needs of the inhabitants of City.
(Prior code § 12-028)
This franchise is not exclusive.
(Prior code § 12-029)
Within 10 days after the passage of Ordinance 2716 grantee hereunder
shall file a bond running to City to be approved by the City Council
in the penal sum of $1,000.00 conditioned that grantee shall well
and truly observe and faithfully perform each and every term and condition
of this franchise and that in the event that a breach is made in such
conditions the whole amount of the penal sum therein named shall be
forfeited to City as liquidated damages. Said bond shall be kept in
full force and effect during the term of this franchise.
(Prior code § 12-030)
This franchise is granted pursuant to the provisions of the
City Charter of the City.
(Prior code § 12-031)
Ordinance 2716 granting this franchise shall not go into effect
before the expiration of 60 days after its passage during which interim
of 60 days it shall be subject to petition for referendum as provided
by the provisions of the Charter of City, nor shall it go into effect
until written acceptance thereof shall have been filed by grantee
with the City Clerk.
(Prior code § 12-032)
