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HomeMy WebLinkAbout61-065No. 61- 65 ~~`~~ RESOLUTION OF INTENTION TO GRANT GAS FRANCHISE WHEREAS Pacific Gas and Electric Company, a California corporation, has filed with the Board of Supervisors of the County of Butte , State of California, an application for the grant of the right, privilege and franchise, hereinafter called franchise, and more particularly defined and described in the form of ordinance contained in the notice hereinafter ordered to be published; NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of said County of Butte that it is the intention of said Board to grant the said franchise in the form and upon the terms and conditions contained in the said form of ordinance; that sealed bids for said franchise shall be received by the said Board at its office in the City of oroville , which is the county seat of said County, up to the hour of ll:oo a, m. the 2nd day of October , 196.; that all bids received for the said franchise shall be opened and read before a meeting of said Board to be held on the day and at the hour last hereinbefore mentioned, at the said office of said Board; that the said franchise will thereupon be struck off, sold and awarded to the person, firm or corporation that shall make the hig{lest aa.sh bid as provided by law; that notice of the filing of said application and of the time and place herein fixed for receiving bids for the grant of said franchise shall be given as rec;uired by law; that the Clerk of said Board be, and he is hereby, directed to publish once a day for ten {10) successive days, or as often during said period as. the newspaper hereinafter referred to is publlahed, in the Oroville Mercury, published in the City of Butte Oroville a daily newspaper in said County of a notice in the following form: "NOTICE OF SALE OF FRANCHISE NOTICE IS HEREBY GIVEN that on_ Tuesday , the 1,tn day of August , 19 61, an application in writing was made and filed in the office of '.the Board Cif Supervisors of the County of Butte State of California, by Pacific Gas and Electric Company, a 1 ~.~~~ corporation, for the .grant of the franchise of installing, maintaining and using pipes and appurtenances, in so many and in such parts of the public roads within said County, as the grantee of said franchise may from time to time elect to use for the purpose of conveying and distributing gas to the public for any and all purposes, which franchise is more fully set forth in the form of ordinance hereinafter contained, which said form of ordinance contains a statement of the character of said franchise and of the conditions upon which it is proposed to grant the same, and that the said form of ordinance is in the words and figures following, to wit,; 'ORDINANCE N0. ORDINANCE GRANTING TO ITS SUCCESSORS AND ASSIGNS, THE FRANCHISE OF INSTALLING, MAINTAINING AND USING PIPES AND APPURTENANCES IN SO MANY AND IN SUCK PARTS OF THE PUBLIC ROADS WITHIN THE COUNTY OF B~'TE STATE OF CAL~'OR.NIA, AS THE GRANTEE OF SAID FRANCHISE MAY FRONT TIME TO TIME ELECT TO JSE FOR THE FURPOSE OF CONVEYING AND DISTRIBUTING GAS TO TTY PUBLIC FOR ANY AND ALL PURPOSES. THE BOARD OF SUPERVISORS OF THE COUNTY OF BUTTE DO ORDAIN AS FOLLOWS: Section 1. 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 , and its lawful successors or assigns in respect to the franchise hereby granted; (b) The word "County" shall mean the County of Butte , a political°subdivision of the State of California, in its present farm or in any later reorganized, consolidated or enlarged form; (c) The word "franchise" shall mean the right, privilege and fran- chise hereinafter more particularly described; (d) The phrase "public roads" shall mean the public highways, streets, roads, ways and places as the same now or may hereafter exist within County, including State highways and/or freeways now or hereafter established within -0 ounty; (e) The phrase "pipes and appurtenances" shall mean pipes, pipe- 2 ~~~~ lines, 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 public roads within County, and used or useful in conveying and/or distributing gas; (fj The phrase "insta111ng, maintaining and using"'shall mean to lay, construct, erect, install, operate, maintain, use, repair or replace, Section 2. The franchise of installing, maintaining and using pipes and appurtenances in so many and in such parts of the public roads a$ the grantee of said franchise may from time to time elect to use for the purpose of conveying and distributing gas to the public for any and all purposes, is hereby granted by County to Grantee. Section 3. The term of said franchise shall commence with the effective date hereof, and continue and remain in full force and effect until such time as Grantee shall surrender or abandon same or said franchise shall be forfeited for noncompliance by the possessor thereof with its terms, or the State of California, County ar other public corporation thereunto duly authorized, shall purchase by voluntary agreement or ahe 11 condemn and take under the power of eminent domain in accordance with then existing law all property actually used and useful in the exercise of said franchise situate within the unincorporated area of County. Said franchise shall never be considered or taken into account, in fixing the value of said property, in excess of the actual cost to Grantee hereof in procuring the same. Section 4, All pipes and appurtenances which shall be laid and used under and pursuant to the provisions of this ordinance, and in the exercise of said franchise shall be installed, constructed and maintained in a good and workmanlike manner under the direction of the Road Commission of County, and shall be maintained in com- pliance with all valid laws and ordinances from time to time in force. 3 1 Gas-Resol. Section 5.... Grantee of this franchise shall promptly ~~~~ relocate, without expense to County, any pipes and appurtenances heretofore ar hereafter installed, if and when made necessary b8 any alteration or change of grade, alignment or width of any County highway or public road by County, including, but not limited to, the oonstructian of any structure, bridge, 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. Section 5. Grantee shall, immediately upon installing, maintaining and using said pipes and appurtenances, or any part there- of, at its own cost and .expense place said public roads, or so much thereof as may have been damaged thereby, in at least as good Order and condition as that in which they were before being disturbed or excavated for the purpose of installing, maintaining and using said pipes and appurtenances, or any part thereof. Section 7. Grantee shall have the right of insta111ng,~ maintaining and using any or all of such pipes and appurtenances from time to time as may be necessary and proper, provided such use is not in conflict with the use of the County right of way for road purposes. Section 8. Grantee shall, during the term for which this franchise is granted, pay to County two per cent {2~)of the gross annual receipts of Grantee arising from the use, operation or possession of said franchise; provided, however, that no percentage shall be paid for the first five (5) years succeeding the date of the grant of said franchise, but thereafter such percentage shall be payable annually, and if such payment shall not be made, such fran- chise shall be forfeited; provided, however, that if said franchise be a renewal of a right already in existence, the payment of said percentage of gross receipts shall begin at once.. The method of computing said payment shall be in accordance with that laid down by the Supreme Court of the State of California in its construction of the Foregoing language, and any future mddiflcation of such method set forth in any decision of the Supreme Court hereafter rendered shall supersede the method employed prior to such decision. ~'~~~ Section 9. The measure or amount of annual payment here- under may be changed (1) at the end of the year 1988 or (11) at the end of any fifty (50) year period of this franchise in accordance with the fallowing procedure and subject to the following conditions: (a) At least one (1) year prior to the end of the year 198$, or the end of any fifty (50) year period of this franchise, as the case may be, one party may give written notice to the other party that it desires to change the measure or amount of annual payment hereunder; such written notice shall specify the proposed new measure or amount of annual payment. (b) This franchise shall be subject to a change in measure or amount of annual payment only if a change has occurred in the compensation formula currently contained in Section 600 of the California Public Utilities Code. (c) If the parties cannot agree as to the proposed change in the measure or amount of annual payment, the matter or matters shall be submitted to a board of arbitration for determination. Such determination by said board shall be in writing and shall be final and conclusive and binding on both parties. Such board of arbitration shall consist of three (3} members, one to be selected by County, one to be selected by Grantee, and one to be selected by the two so named by the parties. Section 10. This franchise is granted under and pursuant to the provisions of the laws of the State of California which relate to the granting of franchises by counties. Section 11. This franchise shall not be exclusive, Section 12. -This ordinance shall take effect and be in force upon the expiration of thirty (3Q) days after its passage, unless suspended from going into operation by a referendum petition filed as provided by law, and shall, before the expiration of fifteen (15} days after the passage thereof, be published once, with. the names of the members of said Baard of Supervisors voting for and 5 ~.~~.~ against the same, in , a newspaper published in County. PASSED this day of , 19l, by the following vote: AYES: Supervisors NAYS: Supervisors ABSENT: Supervisors C airman of he oard o Superv sors of the County of Butte. ATTEST: County Cler of the oun y of Butte '; and NOTICE TS IiEREBY FURTHER GIVEN that it is proposed by said Hoard to grant said franchise upon the terms and conditions set forth in said form of ordinance; that sealed bids for such franchise will be received by said Board at its office in the City of oxoville in said County of Butte , up to the hour of ~.~:00 a..m., on Monday , the 2nd day of October , 1961; that the successful bidder, and his assigns, must, during the life of said franchise, pay to said County a percentage of the gross annual receipts to be derived from the use, operation or possession of the said franchise upon the terms and conditions set forth in the said form of ordinance; that the said Board will meet in open session on the day and at the hour last hereinbefore mentioned and will then and there open and read such bids; that thereupon and during such meeting the said franchise will be awarded to the person, firm or corporation that shall make the highest cash bid therefor, provided only that at the time of the opening of said bids any responsible person, firm or corporation present or represented may bid for such franchise a sum 5 ~u~~ not less than ten per cent (10~) above the highest sealed bid therefor, and said bid may be raised not less than ten per cent (10~) by any responsible bidder, and said bidding may so continue until finally said franchise shall be struck off, sold and awarded by said Board to the highest bidder therefor, in lawful money of the t3nited States of America, and each sealed bid shall be accompanied with cash or a certified check payable to the Treasurer of said County for the full amount of said hid, and no sealed bid shall be considered unless such cash or certified check shall be enclosed therewith, and the success- ful bidder shall deposit at least ten per cent (lOgb) of the amount of his bid with the Clerk of said Board before said franchise shall be struck off to him; and if he shall fail to make such deposit immediately, then and in that case his bid shall not be received and shall be considered as void, and the said franchise shall then and there be again offered for sale to the bidder who shall make the highest cash bid therefor, subject to the same conditions as to deposit as above mentioned; that such procedure shall be had until said franchise shall be struck off, sold and awarded to the bidder who shall make the necessary deposit of ten per cent (10~) of the amount of his bid as hereinbefore provided; that such successful bidder shall deposit with the Clerk of said Board within twenty-four (2~) hours after the acceptance of his bid the remaining ninety per cent (90~) of the amount thereof, and in case he shall fail to do so, then the said deposit theretofore made shall be forfeited and the award of the said franchise shall be void, and the said franchise shall then and there by said Board again be offered for sale to the highest bidder therefor, in the same manner and under the same restrictions as hereinbefore provided; and in ease said bidder shall fail. to deposit with the Clerk of said Board the remaining ninety per cent (90~) of his bid within twenty-four (24) hours after its acceptance, the award to him of said franchise shall be set aside and the deposit theretofore made by him shall be forfeited, and no further proceedings in the sale of said franchise shall be had 7 ~~~.~ unless the same shall again be advertised and offered for sale in the manner hereinbefore provided. For further particulars reference is hereby made to said application filed as aforesaid in the office of said Board, and also to the resolution adopted by said Board on the 28th day of August ,. 19 61, under and pursuant to which and to the provisions of such laws of the State of California as relate tv the granting of franchises by counties, this notice is given and all proceedings relating, to the grant of said franchise will be had. DATED: August 28th, 19b1 By order of the Board of Supervisors of the County of Butte. T-tARRIETT JAP'IES, COUNTY CLERK and Ex-ofi'icio Clerk of the Board of Supervisors Deputy , Clerk." ADOPTED by the Board of Supervisors of the County of Butte this 28th day of August. , 1962, by the following vote: AYES: Supervisors Al~redee, Pittman. Prvdg. 5tein~eeer and Chairman Giles ____ NAYS: Supervisors gone ABSENT: Supervisors gone ~~~~r~ Chairma of the Board of Supervisors of the County of Butte. ATTEST: F~A.RRTETT JAMES, COUNTX CI,F.R.K Deputy Clerk