Ordinance 27ORDINANCE N0. 27
ORDINANCE GRANTING TO PACIFIC GAS AND ELECTRIC COMPANY, ITS
SUCCESSORS AND ASSIGNS, THE =FRANCHISE TO INSTALL, MAINTAIN
AND USE PIPES AND APPURTENAN~~ES FOR TRANSMITTING AND DIS-
TRIBUTING GAS FOR ANY AND AL:G PURPOSES UNDER, ALONG, ACROSS
OR UPON THE PUBLIC STREETS A}JD PLACES AS THE SAME NOW OR MAY
HEREAFTER EXIST WITHIN THE C:LTY OF CUPERTINO.
THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES 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 meaning; assigned to them in the following
definitions:
(a) The word "grantee" shall mean Pacific Gas and Electric
Company, and its lawful successor; or assigns;
(b) The word "city" shall me~~,n the City of Cupertino, a munici-
pal corporation of the State of C~r.lifornia, in its present incor-
porated form or in any later reor€;anized, consolidated, enlarged
or reincorporated form;
(c) The word "streets" shall mean the public streets, ways,
alleys and places as the same now or may hereafter exist within city,
including state highways, now or }zereafter established within city,
and freeways hereafter established within city;
(d) The word "gas" shall mead natural or artificial gas, or a
mixture of natural and artificial gas;
(e) The phrase "pipes and ap}~urtenances" shall mean pipes,
pipelines, mains, services, traps;, vents, vaults, manholes, meters,
gauges, regulators, valves, condu'Lts, appliances, attachments,
appurtenances and, without limitai;ion to the foregoing, 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 transmitting and
or distributing gas;
(f ) The phrase "install, mainiain and use" shall mean to lay,
construct, erect, install operate,, maintain, use, repair or replace.
Section 2. The franchise to install, maintain and use in the
streets of City ~~11 pipes and appurtenances for
transmitting and distributing gas to the public for any and all
purposes within city is hereby gr~Lnted to Pacific Gas and Electric
Company, its successors and assigns.
Section 3. Grantee of this franchise shall relocate, without
expense to city, any pipes and appurtenances there-
tofore installed, and then mainta~_ned or used under this franchise,
if and when made necessary by any lawful change of grade, alignment
or width of any streets by city, _ncluding the construction of any
subway of viaduct, provided, howesrer, 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 sucYi 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 ~>tate of California, or any corres-
ponding provisions of law.
Section ~F. Said franchise sriall 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 of Califox°nia, be voluntarily surrendered or
abandoned by grantee, or until thE~ state of some municipal or public
corporation thereunto duly author3.zed by law shall purchase by volun-
tary agreement or shall condemn acid 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, munici-
pal or public corporation purchasj.ng or condemning such property, or
until said franchise shall be forfeited for noncompliance with its
terms by grantee.
Section 5. Grantee of said franchise shall during the term
thereof pay to city two per cent 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 one per cent of the gross annual receipts of
grantee derived from the sale of gas within the limits of city.
Section 6. Grantee shall file with the Clerk of city, within
three months after the expiration of the calendar
year, or fractional calendar year, the following the daye of the grant-
ing 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 calen-
dar year, or such fractional calendar year, from the sale of gas
within city. Grantee shall pay to city within 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 fractional calendar year, covered by such statement. Any
neglect, omission or refusal by grantee to file such verified state-
ment, or to pay said percentage at the time and in the manner speci-
fied, shall be grounds for the declaration of a forfeiture of this
franchise and of all rights of grantee hereunder.
Section 7. Said franchise is granted under the Franchise Act
of 1937.
Section 8. This Ordinance shall become effective thirty days
after its final passage unless suspended by a
referendum petition filed as provided by law.
Section 9. Grantee of said franchise shall pay to city a sum
of money sufficient to reimburse it for all publica-
tion expenses incurred by it in connection with the granting thereof;
such payment to be made within thirty days after city shall have
furnished grantee with a written statement of such expenses.
Section 10. The franchise granted hereby shall not become
effective until written acceptance thereof shall
have been filed by grantee with the City Clerk.
Section 11. The City Clerk shall cause this Ordinance to be
posted in at least three public places in the City
in accordance with Section 36933 of the Government Code.
First read at a regular meeting of the City Council of City
held on the 10th day of September, 1956, and finally adopted and
ordered posted at a regular meeting of said Council held on the
17th day of September, 1956, by the following vote:
AYES: Councilmen: Wilson, Nathanson, Meyerholz, Saich
NAYS : Councilmen: ( Norte )
A BSENT: Councilmen: Lindenmeyer
Approved:
Ls/ Warner M. Wilson
Mayor of the City of Cupertino
test: /
~~~ ' ~-l
Clerk of the City of Cupertino
I, LAWRENCE K. MARTIN, City Clerk of the City of Cupertino and ex
officio clerk of the legislative body of said City do hereby certify
that the foregoing is a true and correct copy of Ordinance No. 27 on
file in my office and that the same has been posted pursuant to law.
TNESS WHEREgF I have hereunto set/my hand and City Seal this
day of ~-v~-~~ , 1 b ~
City Clerk