Windsor Municipal Code Ch. 2 Gas Franchise

As used in this chapter:

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

Grantee shall mean Pacific Gas and Electric Company, and its lawful successors or assigns.

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

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 Town, and used or useful in transmitting and/or distributing electricity.

Streets shall mean the public streets, ways, alleys and places as the same now or may hereafter exist within Town, including State highways, now or hereafter established within Town.

Town shall mean the Town of Windsor, a municipal corporation of the State of California, in its present incorporated form or in any later reorganized, consolidated, enlarged or reincorporated form.

(Ord. No. 92-16 § 1)

The franchise to install, maintain and use in the streets of Town all pipes and appurtenances necessary or proper for transmitting and distributing gas to the public for any and all purposes is hereby granted to Grantee.

(Ord. No. 92-16 § 2)

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

(Ord. No. 92-16 § 3)

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 or 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. No. 92-16 § 4)

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

b. Grantee shall file with the Town Clerk of Town within three (3) months after the expiration of the calendar year, or fractional calendar year, following the date of the granting hereof, and within three (3) 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 Town. Grantee shall pay to Town within fifteen (15) 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 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.

(Ord. No. 92-16 §§ 5, 6)

The franchise is granted under the Franchise Act of 1937.

(Ord. No. 92-16 § 7)

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

(Ord. No. 92-16 § 9)

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

(Ord. No. 92-16 § 10)