Monte Sereno Municipal Code Ch. 11.03 Gas Distribution Franchise

Whenever in this Chapter the words or phrases hereinafter defined in this Section are used, they shall have the respective meanings assigned to them in the following definition.

A. "Gas" shall mean natural or artificial gas, or a mixture of natural and artificial gas;

B. "Pipes and appurtenances" shall mean 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;

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

The franchise to install, maintain and use in the streets of City all pipes and appurtenances for transmitting and distributing gas to the public for any and all purposes within City is hereby granted to Pacific Gas and Electric Company (the "Grantee"), its successors and assigns.

Grantee 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 that the street, subway or viaduct 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 such 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 State of California, or any corresponding provisions of law.

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 said franchise and situate in the territorial limits of the state, municipal or public corporation purchasing or condemning such property, or until said franchise shall be forfeited for noncompliance with its terms by Grantee.

Grantee shall during the term thereof pay to City two percent (2%) 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 percent (1%) of the gross annual receipts of Grantee derived from the sale of gas within the limits of City.

Grantee shall file with the City Clerk, 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. Any neglect, omission or refusal by Grantee to file such verified statement, or to pay said 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.

The franchise is granted under the Franchise Act of 1937, as amended.

Grantee shall pay to City a sum of money sufficient to reimburse City for all publication expenses incurred by City in connection with the granting thereof; such payment to be made within thirty (30) days after City shall have furnished Grantee with a written statement of such expense.

The franchise granted hereby shall not become effective until written acceptance thereof shall have been filed by Grantee with the City Clerk.