HomeMy WebLinkAboutOrd 197-1938 ORDINAI~E GRAgTTNG TO F~ ~ ~ ~'~~
~..~I~, ~ ~~ TO ~E, ~R
~~~ ~ DZ~~~ G~ ~N
~ ~L P~~ ~ ~ ~E A~OR-
I~ ~ S~ON 19 0F ~IO~ ~ 0F THE
C~~ION 0F ~ ~ 0F ~I~A
S~D S~ION ~~ P~0R T0
ON ~0~ 10~ 1911~ ~
~'~~ ~CH ~E NOW 0R ~ H~~~
~ ~Y PL~ IN ~
W~S ~ P~ ~N S~ ~ ~ TO
~T ~ USE IN S~D P~LIC ~~S~ ~ATS
~ P~ ~ PIP~ ~
~~T 0R PROP~ FOR S~
The City. Council of the City of B~h ~sa ~
does ordain as fallows:
Seotion 1. Whenever in t~o o inuee the
or phrases hereinafter in this section defined ere used, the~
shall have t~ respeetive ~ani~s assi~ed to th~ in the
follewi~ ~efinitions (~eas, in the given instance, the
oonte~ whe~in ~ey are used shall ol~rl~ tm~'a differ-
(a) ~o word U~ntoo' shall mo~ tho
~re~ion to whioh tho f~ehise oon~emplatod
this ordinanoe is ~ntod and its lawf~
so~ or asol~s;
(bi ~o word 'oity' shall mean the City of
~h ~ ~ a m~ioipel oorporation of
the S~a%o of California, in its ~ooont ineo~-
~tod fo~ or in ~y later ~r~iz~, eon-
solidat~, enlarf~ or ro-inoo~orated
(si Tho word "streetsw shall mean tho publio
s~roo~ss ways, alleys and plaooo as the s~e now or
hereafter e~at within said
1:
id) The word 'gas' shall mean natural or
artificial gas, or a mixture of natural an~
artificial gas;
(e] The phrase 'pipes and appurtenances'
shall mean pipe, pipeline, main, service, trap,
vent, vault, manhole, meter, gauge, regulator,
valve, conduit, appliance, attachment, appurten-
ance 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 'lay and use' shall mean
to lay, construct, erect, install, operate,
maintain, uae, repair or replace.
(gl The phrase 'constitutional fran-
chise' shall mean the right acquired through
acceptance by said grantee or its predecessor
in estate of the offer contained in the provi-
sions of Section 19 of Article XI of the
Constitution of the State of California, as
said section existed prior to its amendment on
October t0, 1911.
Section ~. The franchise (a) to use, for
transmitting and distrt~uting gas within the City of
~ ~a~ ~or any and all purposes other than
those aUthorized under said constitutional franchise, all
gas pipes and appurtenances 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 pipes and appur-
tenances necessary or proper for said purposes, is hereby
granted to Faa~fXe ~a~ e~ ~~Xe ~
upon the terms and conditions set'forth in the Franchise Act
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 Coneaission of the State of California, be volun-
tarily surrendered or abandone~ by the grantee, or until
the state or some ~uniclpal or public corporation thereunto
duly authorized by law shall purchase hy ?oluntar2 agreement
or shall con~emn and take un, er the power of eminent domain,
all property actually use~ and useful in the exercise of
said franchise and situate in the territorial limits of the
tare, municipal or public corporation purchasing or eon-
darning such property, or until said franchise shall he
forfeite~ for noncompliance with its terms by the grantee.
Section 4. The grantee of said franchise
shall during the term thereof pay to sai~ city a sum
annually which shall he equivalent to two per cent of the
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 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 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 city 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 year, 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 this franchise and of all rights
of grantee hereunder.
Section 6. This franchise is granted under and
in accordance with the provisions of said Franchise Act of
1937.
Section 7. This ordinance shall become effective
thirty days after its final passage, unless suspended by a
referendum petition filed as provided by law.
4:
8ootion 8. Tho grs~t# of said fr~nohise
shall pay to the city a sum of money 8uff~olent to
reimburse it for ail publication expenses incurred by
it ~n connection with the ~entin~ thereof; such payment
to be made within thirty days after the city shall hove
furnished such ~rantee w~th a written stotement of such
expellse s.
Soo'rich O. The fr~nohiso granted hereby shall
not become effective until written acceptance thereof
shall have been filed by the grantee with the City Clerk.
Section 10. The City Clerk shall cause this
ordinance to be published once within fifteen (15) doys
after its passage In The Enterprise and The South S~n
Francisco Journol,
a newspaper of general circulation published and circulated
in said city.
First rood at a regular .meotin~ of the City
Council of Said city held on the ~ day of ~
i9~____~, and finally odopted end ordered published at a
regular meetin~ of ~id Co~eil held on the ~ day
~, 1~, by the foll~i~ .ore:. _/
N~: · 'Co~oi~n ~,
~ity~Clerk 6f' the Citer ~