Grass Valley Municipal Code Ch. 5.24 Gas Franchise

Whenever in this chapter the words or phrases defined in this section are used, they shall have the respective meanings assigned to them in the following definitions:

"City" means the City of Grass Valley, a municipal corporation of the State of California, in its present incorporated form or in any later reorganized, consolidated, enlarged or reincorporated form.

"Constitutional franchise" means the right acquired through acceptance by grantee or its predecessor in estate of the offer contained in the provisions of Section 19 of Article XI of the Constitution of the State of California, as the section existed prior to its amendment on October 10, 1911.

"Gas" means natural or artificial gas, or a mixture of natural and artificial gas.

"Grantee" means Pacific Gas and Electric Company, its lawful successors or assigns.

"Install, maintain and use" means to lay, construct, erect, install, operate, maintain, use, repair or replace.

"Pipes and appurtenances" means pipes, pipelines, 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 streets of the city, and used or useful in transmitting and/or distributing gas.

"Streets" means the public streets, ways, alleys and places as they now or may hereafter exist within city, including state highways, now or hereafter established within city, and freeways hereafter established within city.

(Prior code § 10-24)

The franchise (1) To use, for transmitting and distributing gas suited for lighting but for use by consumers for any and all lawful purposes other than lighting, all pipes and appurtenances which are now or may hereafter be lawfully placed and maintained in the streets within city under the constitutional franchise of grantee; (2) To install, maintain and use in the streets and places all pipes and appurtenances, whenever and wherever the constitutional franchise of grantee is not now nor shall hereafter be available therefor, necessary to transmit and distribute gas suited for, and for use by, consumers for any or all lawful purposes; and (3) To utilize the pipes and appurtenances in the public streets and places for transmitting gas for use outside the boundaries of the city for any and all lawful purposes is granted to Pacific Gas and Electric Company, its successors and assigns.

(Prior code § 10-25)

Grantee of this franchise shall relocate, without expense to city, any pipes and appurtenances theretofore installed, and then maintained or used under this franchise, if and when made necessary by any lawful change of grade, alignment or width of any streets by city, including the construction of any 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.

(Prior code § 10-26)

The franchise shall be indeterminate, that is to say, the franchise shall endure in full force and effect until the same shall, with the consent of the Public Utilities Commission of the State of California, be voluntarily surrendered or abandoned by grantee, or until the state or some municipal or public corporation thereunto duly authorized by law shall purchase by voluntary agreement or shall condemn and take under the power of eminent domain, all property actually used and useful in the exercise of the franchise and situate in the territorial limits of the state, municipal or public corporation purchasing or condemning such property, or until the franchise shall be forfeited for noncompliance with its terms by grantee.

(Prior code § 10-27)

Grantee of the franchise shall during the term thereof pay to city a sum annually which shall be equivalent to two percent of the gross annual receipts of grantee arising from the use, operation, or possession of the franchise; provided, however, that such payment shall in no event be less than a sum which shall be equivalent to one percent of the gross annual receipts derived by grantee from the sale of gas within the limits of city under the franchise and the constitutional franchise.

(Prior code § 10-28)

A. Grantee shall file with the clerk of 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 thereafter, a duly verified statement showing in detail the total gross receipts of grantee during the preceding calendar 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.

B. Any neglect, omission or refusal by grantee to file such verified statement, or to pay the percentage at the time and in the manner specified, shall be grounds for the declaration of a forfeiture of this franchise and of all rights of grantee hereunder.

(Prior code § 10-29)

This franchise is granted under the Franchise Act of 1937, and the provisions of the city charter.

(Prior code § 10-30)

Grantee of the franchise shall pay to city a sum of money sufficient to reimburse it for all publication expenses incurrred 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 expense.

(Prior code § 10-31)