Rohnert Park Municipal Code Ch. 12.16 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:

A. "City" means the city of Rohnert Park, a municipal corporation of the state, in its present incorporated form or in any later reorganized, consolidated, enlarged or reincorporated form.

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

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

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

E. "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.

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

(Ord. 10 § 1, 1962)

The franchise is granted under the Franchise Act of 1937.

(Ord. 10 § 7, 1962)

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

(Ord. 10 § 2, 1962)

The grantee of this franchise shall relocate, without expense to the 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 the 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 shall be divided equally between grantee and the state.

(Ord. 10 § 3, 1962)

The franchise shall be indeterminate. 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 purchases by voluntary agreement or condemns and takes under the power of eminent domain, all property actually used and useful in the exercise of the franchise and situated 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.

(Ord. 10 § 4, 1962)

The grantee of the franchise shall, during the term thereof, pay to the city 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 one percent of the gross annual receipts of the grantee derived from the sale of gas within the limits of the city.

(Ord. 10 § 5, 1962)

The 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 the city. The grantee shall pay to the city within fifteen days after the time for filing such statement, in lawful money of the United States, the percentage of its gross receipts designated in Section 12.16.060 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 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 the grantee hereunder.

(Ord. 10 § 6, 1962)

The grantee of the franchise shall pay to the city a sum of money sufficient to reimburse it for all publication expenses incurred by it in connection with the granting thereof. Such payment shall be made within thirty days after the city has furnished the grantee with a written statement of such expenses.

(Ord. 10 § 9, 1962)

The franchise granted by this chapter shall not become effective until written acceptance thereof has been filed by the grantee with the city clerk.

(Ord. 10 § 10, 1962)

The ordinance codified in this chapter shall become effective thirty days after its final passage, unless suspended by a referendum petition filed as provided by law.

(Ord. 10 § 8, 1962)