Milpitas Municipal Code Ch. 18 Nitrogen Gas Franchise (praxair, Inc.)

Under and pursuant to the provisions of Chapter 19, Title III of the Milpitas Municipal Code, the City Council of the City of Milpitas is empowered to grant a non-exclusive franchise for the transmission and distribution of nitrogen gas. Application for a 15 year franchise in accordance with the provisions of Chapter 19, Title III has been made by Praxair, Inc. The City Council has heretofore adopted a Resolution of Intention to grant a franchise and has published notice thereto and of the holding of a public hearing thereon on the 4th day of June, 2013, at 7:00 p.m. before the City Council of the City of Milpitas for the purpose of hearing any objections thereon. No written protest stating objections against the granting of the franchise were delivered to the Clerk of the City Council prior to the hour set for the hearing of said objections. At the time set for hearing objections, the City Council determined that no protests were made, and that the granting of a 15 year non-exclusive franchise to the applicant was in the interest of the City of Milpitas and that an ordinance granting said franchise should be adopted. Said hearing was thereupon closed.

(Ord. No. 223.2, § 2, 6/18/13; Ord. 223.1 (part), 5/16/00; Ord. 223 (part), 3/5/85)

The City Council of the City of Milpitas does hereby grant as of July 18, 2013, the effective date of this amendment, a non-exclusive franchise for a term of 15 years to Praxair, Inc., which franchise shall commence upon the acceptance of said franchise by said Praxair Inc., to install, construct, maintain and use under, along, across or upon the public streets, easements, ways, and places within the City all pipes and appurtenances for transmitting and distributing nitrogen gas for any and all purposes, provided, however, that such rights shall not include the right to occupy any park, playground or other municipal property (exclusive of public thoroughfares) unless a special permit therefor shall be granted by the City Council, and provided further that such rights shall apply to federal, state, county and City streets now or hereafter established within the City and freeways hereafter established within the City, only to the extent that City is empowered to grant such rights with respect thereto, subject to laws relating to the location and maintenance of such pipes and appurtenances thereto. Said franchise is granted under and pursuant to the provisions of Chapter 19, Title III of the Milpitas Municipal Code and pursuant to the authority granted in Section 6201 et seq. of the Public Utilities Code of the State of California, being the Franchise Act of 1937. Said franchise is granted upon the express condition precedent (and applicant shall expressly agree in writing in its acceptance of said franchise), that applicant shall comply with each and every term, condition and provision of Chapter 19, Title III of the Milpitas Municipal Code and of the provisions of this Chapter. Said franchise is further granted pursuant to the terms and provisions of the franchise License Agreement approved concurrently herewith and the franchise shall be renewable in the future for 15 year terms as agreed in writing by officials of both parties.

(Ord. No. 223.2, § 2, 6/18/13; Ord. 223.1 (part), 5/16/00; Ord. 223 (part), 3/5/85)

III-18-3.00, III-18-4.00 - Reserved

Editor's note— Ord. No. 223.2, § 2, adopted June 18, 2013, amended the Code by repealing former §§ III-18-3.00 and III-18-4.00 in their entirety. Former § III-18-3.00 pertained to extension of franchise, and derived from Ord. 223.1, adopted May 16, 2000. Former § III-18-4.00 pertained to compliance with Title III, Chapter 19, and derived from Ord. 223.1, adopted May 16, 2000.