Sutter County Municipal Code Ch. 1030 Pacific Gas and Electric Company

The right, privilege and franchise of laying, maintaining and using, for the purpose of conveying, distributing and supplying gas to the public and particularly to the inhabitants of said County of Sutter for light, heat, power and all lawful purposes, gas pipes, mains and conduits, in so many and in such parts of the public highways, streets, roads and places of said County of Sutter as the grantee may from time to time elect to use for the purposes aforesaid, are hereby granted by the County of Sutter for the term of 50 years from and after the time when this ordinance shall take effect, to Pacific Gas and Electric company, its successors and assigns.

(Ord. 107, Sec. 1; Feb. 21, 1939)

All gas pipes, mains, and other conduits which shall be laid and used under and pursuant to the provisions of this chapter and in the exercise of the right, privilege and franchise herein granted shall be laid in a good and workmanlike manner, under the direction of the Road Commissioner of the District in which said highways, streets, roads and places are and shall be maintained in compliance with all valid laws and ordinances from time to time in force.

(Ord. 107, Sec. 2; Feb. 21, 1939)

The owner for the time being of the said right, privilege and franchise shall immediately upon laying, replacing or repairing the said gas pipes, mains and other conduits, or any part thereof, at its own cost and expense, place said highways, streets, roads and places, or so much thereof as may have been damaged thereby, in as good order and condition as that in which they were before being disturbed or excavated for the purpose of laying, replacing, or repairing said pipes and other conduits.

(Ord. 107, Sec. 3; Feb. 21, 1939)

The owner for the time being of said right, privilege and franchise shall have the right to maintain, repair and replace any or all of such gas pipes, mains and other conduits from time to time as may be necessary and proper.

(Ord. 107, Sec. 4; Feb. 21, 1939)

The grantee of the aforesaid right, privilege and franchise, its successors and assigns, shall, during the term for which the same is granted, pay to said County of Sutter, 2% of its or their gross annual receipts arising from the use, operation or possession thereof; provided, however, that no percentage shall be paid for the first five years succeeding the date of the grant of said right, privilege and franchise, but thereafter such percentage shall be payable annually, and if such payment shall not be made, such right, privilege and franchise shall be forfeited, provided, however, that if said franchise be a renewal of a right already in existence the payment of said percentage of gross receipts shall begin at once.

(Ord. 107, Sec. 5; Feb. 21, 1939)

The franchise granted hereby shall not be exclusive.

(Ord. 107, Sec. 6; Feb. 21, 1939)

The said right, privilege and franchise are granted under and pursuant to the provisions of the laws of the state of California which relate to the granting of rights, privileges, and franchises by counties.

(Ord. 107, Sec. 7; Feb. 21, 1939)