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HomeMy WebLinkAbout718ORDINANCE NO. ~~~ ORDINANCE GRANTING TO PACIFIC GAS AND ELECTRIC COMPANY, ITS SUCCESSORS AND ASSIGNS,. THE FRANCHISE OF INSTALLING, MAINTAIN- ING ANA USING PIPES AND APPURTENANCES IN SO MANY AND IN SUCK PARTS OF THE PUBLIC ROADS Ud'ITHIN THE COUNTY OF BUITE , STA`rE OP' CALIFORNIA, AS THE .GRANTEE OF SAID FRANCHISE MAv FROM TIME TO TIME ELECT TO iJSE FOR THE PURPOSE OF CONVEYING AND DISTRIBUTING GAS TO THE PUBLIC .FOR ANY AND ALL PURPOSES. THE BOARD OF SUPERVISORS OF TFiE COUNTY OF BUTTE DO ORDAIN AS FOLLOti9S: Section 1. 4dhenever in this or~.inance 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 Pacific Gas and Electric Company, and its lawful successors or assigns in respect to the franchise hereby granted; (b) The word "County" shall mean the County pf Butte , a political subdivision of the State of California, in its present form or in any later reorganized, consolidated or enlarged form; (c) The word 'tfranchise" shall mean the right, privilege and franchise 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 esta'bJ.ished within County; (e) The phrase "pipes and appurtenances" shall mean pipes, pipe- 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 gas3 -1- 7 ~ ~ Gas-Ord. (f) The phrase "installing, maintaining and using" shall. mean to lay, construct, erect, ins-tall, 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 as 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 sh8:11 be forfeited for noncompliance by the possessor thereof with its terms, or the State of California, County or other public corporation thereunto duly authorized, shall purchase by voluntary agreement or shall, 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 sha11 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 sha11 be installed, constructed and maintained in a good and workmanlike manner under the direction of the Road Commissioner of County and shall be maintained in compliance with all valid laws and ordinances from time to time in force. Section 5. Grantee of this franchise sha11 promptly re- locate,. without expense to County, any pipes and appurtenances hereto- fore or hereafter installed, if and when made necessary by any alter~- tion or change of grade, alignment or width of any County highway or ', public road by County, including, but not limited to, the construction of any structure, bridge, subway or viaduct, provided, however, that the cost of any such relocation made necessary by the construction or -2- • -Gas-Ord. any lawful change of grade, alignment or width of any freeway con- strueted by the State of California shall be divided equally between Grantee and the State of California. Section 6. 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 installing, 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 per- centage 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 franchise shall be forfeited; provided, however, that if said franchise be a renewal of a right already in exist- ence, the payment of said percentage of gross receipts shall begin at once. The method of computing said payment shall be in accord- ante with that laid dawn by the Supreme Court of the State of California in its construction of the foregoing language, and any future modification of such method set forth in any decision of the Supreme Court hereafter rendered shall supersede the method -3- of said percentage of gross receipts shall begin at once, The method of computing said payment shall be in accordance with that laid doUm bar the Supreme Court of the State of California •.n its construction of the faregoir_g lanq age, and any future modifi- cation of such method set forth in any decision of the Supreme Court hereafter rendered shall supersede the method employed prior to such decision. Section g. The measure or amount of annual payment hereunder may be changed (i) at the end of the year 19$$ or (11) at the end of any fifty (50) year period of this franchise in accordance with the following procedure and sub,~ect to the following conditions: (a) At least one (1) year prior to the end of the year 19$$, or the en.d of any fifty (50) year period of this franchise, as the ease 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 there has occurred an amend- ment to the Broughton Act making a change in the compensation formula currently contained in Section 6006 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 -4- pursuant to the provisions of the laws of the State of California which relate to the granting of franchises by counties. Section ll. This franchise shall not be eYolusive. Section 12. This ordinance shall take effect and be in force upon the expiration of thirty (30) 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 hoard of Supervisors voting for and against the same in the Oroville t4ercury , a newspaper published in County, PASSED this 2nd day of October 1961, by the following vote: AYES: Supervisors AI.Idred~e, Pittman, Prude, 3teineQ~er and Chzirman Giles NAXS: Supervisors None ABSENT: Supervisors None ChairmarY of the Board of Supervisors of the County of Butte ATTEST: _ _ u„~~~TT J? t!~S County Cler of he County of Butte Deputy C1er _~_