Loading...
Ordinance 0665ORDINANCE NO. 665 Ordinance granting to the pacific gas and electric company its successors and assigns the franchise to use for transmitting and distributing gas within the city of alameda for any and all purposes other than those authorized under section 19 of article 11 of the constitution of the state of california as said section ezisted prior to its amendment of october 10 1911 all gap pipes and appurtenances which are now or may hereafter be lawfully placed in the public streets way and places within said city and to lay and use in said public streets ways and appurtenances necessary or proper for said purposes Sheet No. 2 Al ameda Cfty Ordinances °'aNew 5 e - No_� rise 665 .................................................................... ....... ............................ Section 5. The Grantee shall file N.vith the Clerk of said City, : within- three (3) months after . the. expiration .. of the calendar: dear -_ or- ractional ...Ye r, folly i :tho -, da : X trio .granting ; hereof and itl�iin t ree . (3) months after th expiration - of each and every calendar year - there affter, a di.ily . verified statement showing . iri detail the - total - -gross . re- coipts 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 within fifteen (15) days after 'the time for filing such statement, in lawful ,Honey of the United States, the aforesaid percentage of its gross re- ceipts for such calendar year, -or such fractional calendar year, cov- ered by such statement. Any neg lect, onnssion or refusal by said Grantee to -file such verified sta.te- -ment, or to pay said percentage the :. tinie and in the manner herein specified, shall be grounds -for the declaration of a. forfeiture of this franchise and of all rights of Grantee hereunder. S ection 6. This grant is made in lieu o f all other franchises, rights, or Vivileges awned by . the Gra.n.tee, or � any successor of the Grantee to any rig under this franchise, far - transmitting and distributing gas within the limits of the .City. as said . limi.ts now or may hereafter exist, except any f ranchise derived tinder Section of Article XI :of -the Constitution Of Ahe - State - of - ali.- forn.i.aF, as - said sec ho'n existed prior to the amen.dm'ent thereof _adopted October .10, 1.0 ..x.,- and -the acceptance of the franchise her granted shall operate as : an abandonment of -all such franebises, right -and, p rivi- leges within the limits of the City, as -such limits now or may hereafter exist, - in. - Lieu of which. -this franchise i s granted, Sectibn - 7. ' the franchise granted hereunder S not become -- effec- ti.ve ; until - .written acceptance thereof shti,ll -have been filed by the. Grantee thereof .wit the Clerk of -the ..City. When so filed, such acceptance -shall .constitute a continuing - of the Grantee that if and when the City . shall - thereafter - annex, or - ion - solidate With - additional . territory" any and all franchises. rights , a.n.d privileges owned by the G rant ee therein,. e.eept the franchise derived under Ahe aforesaid - constitutional franchise, shall - .likeNvisie .- be deemed. to -be abandoned within. the limits of su eh - territory. - Section ' ..: The franchise granted hereunder shall not in - any .way . or to any extent impair. or affect, the right - of - ity' to - a.cr�uire . the - property of : -the Gramtee hereof. either - -by.. pur- chase : or :through th exercise - of.- the arigbt of eminent.- donia,in,- '. a.nd hotly ing h erin Contained shall be con- strued - :to contract sway or to M'Odify sir - -tai ..'abr�id e, either for a terra.. or in perpetuality, the p ity a s right of eminent domain in respect to the Grantee or any public utility. Nor shall phis franchise ever. given arty. :_Value .before: any 4�ouft or. - other p bl c i bdrity : ink a.ny pr0ceeding' of any Character of : th cost to the Grantee of the necessary publication -and any other sum -paid by it to - the City: therefor at the time of.-the acquisition thereof ; -- provided - further, that . the right - is hereby reserved to the City .. to tale :aver at any time the portion of the prop- erty of the Grantee, its successors or assigns, located Within the City and used and useful for distribution of gas within.. said - City, without- compensation for the value of the franchise granted hereby. Section. 9. The Grantee of - this franchise shall file a bond, running to the City, with at least. two good and sufficient sureties, to be ap- proved by ,the legislative , body there- of, in a - penal sung - of $1004,00, - condi- tioned - that the Grantee shall yell and truly observe, fulfill and perform each and every terra and condition of this f ranchise, - and - that . in case of any breach of condition of said bond, the whole an oun.t . the - penal sum therein named shall 'be taken -and- -to be liquidated dam- ages and : shall be recoverable from the principal and sureties upon said bond. Said - bond shall -be -filed with the -. legislative body . _of - the - City within five - (5) days a.f ter the - date of the - granting of this franchise ; and in case - : bona shall not be so filed, . or shall not receive the- p- proval of the. legislative body, - this franchise shall be forfeited and any money - paid to the City - in connec- tion therewith shall likewise be for- feited. Section 10. The Grantee of this franchise shall (a) construct, install - and main - taro all pipes and appurtenances in .accordance with and conformity - with all of the - ord.ina.ncek rules ' a.nd regulations heretofore and hereafter aF6opted by . the legislative body : of this City in -the exercise of - its - �pollce powers and not -in. conflict ..with .the paramount au thority of -the State ' - of California, and, as to Stato . high - ways, .- subject to - the -- provisions 7 - of general laws relating to 'the '.looation. a.nd. maintenance: of sueh .facilities ; (b) pay to the City, . oil ,demand, the Post. of a.11 ' repai.rs to - public prop- erty made necessary 'by. any opera- tions of_ the Grantee under this franchise ; (c) indemnify and hold harmless the City and its officers . from. any and - all liability -for , damages groxi- ma,tel.v . resulting I rom any - opera- tions under this - franchise ; (d) remove. or relocate, ithout ex� pence -to the' 'City�, any. . facili.ties . in- stalled, used . and Tnainta.ined. _ .un der this franchise if and -- when made necessary: bar . any lawful change of grade. a.lignirient -or - width - . 'of any public street, way, alley . - or place, Sheet No. 3 A-lameda Ci#y Ordinances Ordinance No. 665 New Series including the construction of any subway or viaduct by the City; and (e) file with the Aegislative body of - the City within. thirty (30). after .- aiiy:.sa1O, Aransferi assignmiant or lease -of this franchise, or'- any- part thereof, or of any of ,the rights or privileges: granted thereby, vrrit- ten evidence . of the same, certified thereto by the Grantee or its duly aruthorized officers, an d no suc sale, transfer, assignment or lease shall have any farce, effect or validity until such written evidence shall have been filed as herein provided. Section 11. (a) If the Grantee of this franchise shall fail, neglect or refuse to comply with any of the provisions or conditions hereof, and shall not, within. ten (DO) days after written demand f or compliance, be- gin the work of compliance, or after such beginning shall not prosecute the same with due diligence to com- pletion, them the City, by its legis- lature body, may declare this fran- chise forfeited. (b) The City may sue in its own name for the forfeiture of this fran- chise, in the event of non- com- pl- 1ance by Grantee with any of the condi- tions thereof. Section 12. The waiver by the City of the breach of any term., covenant or condition herein con- tained shall not be deemed to be a waiver of any subsequent breach of the same or any other terra, cove- nant or condition herein contained.. 'Ph e City's remedies hereunder shall be cumulative and no remedy herein specified. shall be exclusive of any other remedy herein specified or of any right or remedy allow - by la,. �eetion.� 1.3. - The - Grantee of this franchise shall -pay to the pity a sum of money sufficient to reimburse it for all publication expenses in- curred by it in connection with the granting of this franchise; such pay - ment to be made within. thirty (30) days after - the City shall furnish. siich. . rah -tee Frith. a .: Written state - . ment of such e pe ses: Section 14. Within thttty (34) days after the flna.l passage of this ordi -- na:nce, the Or Antee shall. file . with the City' Clem. a Written acceptance of the franchise h ereby granted, an an ag reement to comply wi th the terms and conditions hereof. Section 15. T h 'Is franchise is granted under and pursuant to the provisions of the Charter of the City of Alameda and of the Fran - chise Act of 1937. Section 16. This ordinance shah become effective at the expiration of thirty (30) da f rom the date of its final passage, unless suspended by a referendum petition filed as pro - vided by law. HENRY A. WEICHHART, Presiding Officer of the Council. I, the undersigned, hereby certify that the foregoing Ordinance was duly and regularly adopted and passed 'by 'the Council of the. City of Alameda in . regular meeting as- sembled on the Ist day . of Novem 1938, by .the following vote to-wit: AYES: oun:cilmen Carrington, Godfrey, Maurer and President eichhart, (4), NOES: None. AB E 'T : Councilman. Morris, (1). IN WITNESS - WHE I+ Or', I, have hereunto set nay - hand , - anal - .affixed the official seal_ of -said this 2nd . day of November, 1938. . City Clerk of the City -of Alameda. Publish.' Nov. 2, 1938.