Yuba County Municipal Code Ch. 6.50 Pacific Gas and Electric Gas Line Franchise

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State Law reference— Franchise Act of 1937, Public Utilities Code § 6201 et seq.

The right, privilege, and franchise (a) of laying, constructing and maintaining gas pipes, mains, and appurtenances in so many and in such parts of the public highways, streets, roads, and places of the County of Yuba as Grantee of said right, privilege, and franchise may from time to time elect to use for the aforesaid purposes, and (b) of using such gas pipes, mains, and appurtenances for conveying, distributing, and supplying gas to the public for any and all purposes, is hereby granted by said County of Yuba to Pacific Gas and Electric Company, its successors and assigns.

(Prior Code, § 6.50.010; Ord. No. 141)

State Law reference— Authority to grant franchise, Public Utilities Code § 6202.

The term of said franchise shall commence with the effective date hereof, (February 4, 1948) and continue and remain in full force and effect until such time as the Grantee hereof, its successors or assigns, shall surrender or abandon same or said franchise shall be forfeited for noncompliance by the possessor thereof with its terms of the State of California, said County or other public corporation thereunto duly authorized, shall purchase by voluntary agreement or shall condemn and take under the power of eminent domain in accordance with the existing law all property actually used and useful in the exercise of said franchise situate within the unincorporated area of said County. Said franchise shall never be considered or taken into account, in fixing the value of said property, in excess of the actual cost to the Grantee hereof in procuring the same.

(Prior Code, § 6.50.020; Ord. No. 141)

State Law reference— Effective date of franchise ordinance, Elections Code § 9141.

All gas pipes, mains, and appurtenances which shall be laid and used under and pursuant to the provisions of this Chapter and in the exercise of said franchise shall be laid, constructed and maintained in a good and workmanlike manner under the direction of the Community Development and Services Agency's Director of Public Works, ex-officio Road Commissioner of Yuba County and shall be maintained in compliance with all valid laws and ordinances from time to time in force.

(Prior Code, § 6.50.030; Ord. No. 141; Ord. No. 1405)

The owner for the time being of said franchise shall, immediately upon laying, constructing, replacing, or repairing the said gas pipes, mains, and appurtenances, 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 constructing, replacing, or repairing said gas pipes, mains and appurtenances, or any part thereof.

(Prior Code, § 6.50.040; Ord. No. 141)

State Law reference— Payment of costs of repairs to public property, Public Utilities Code § 6295.

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

(Prior Code, § 6.50.050; Ord. No. 141)

The Grantee of said franchise, its successors and assigns, shall, during the term for which the same is granted, pay to said County two percent 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 franchise, but thereafter such percentage shall be payable annually, and if such payment shall not be made, such 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.

(Prior Code, § 6.50.060; Ord. No. 141)

State Law reference— Payment of percentage of gross receipts, Public Utilities Code § 6300.

The said right, privilege and franchise is 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.

(Prior Code, § 6.50.070; Ord. No. 141)

State Law reference— Franchise Act of 1937, Public Utilities Code § 6201 et seq.

If any section, subsection, sentence, clause, phrase, provision or portion of this Chapter, or the application thereof to any person or circumstances, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions or provisions of this Chapter or their applicability to distinguishable situations or circumstances. In enacting this Chapter, it is the desire of the Board of Supervisors to validly regulate to the full measure of its legal authority in the public interest, and to that end, the Board of Supervisors declares that it would have adopted this Chapter and each section, subsection, sentence, clause, phrase, provision, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions thereof might be declared invalid or unconstitutional in whole or in part, as applied to any particular situation or circumstances, and to this end the provisions of this Chapter are intended to be severable.

State Law reference— Similar provisions, Government Code § 23.