Ord 0265-GRANTING TO PACIFIC GAS AND ELECTRIC COMPANY, ITS SUCCESSORS AND ASSIGNS THEM TO DISTRIBUTING ELECTRICITY WITHIN THE TOWNORDINANCE 7110, e 6
ORDINANCE G~klk!TI.NG TO PACIFIC GAS AJTS.-D ELECTRIC
COTAL_Pl f, ITS SUCCESSORS AND ASSIGNS, THE FWING IISE
TO USE, FOR TRAM:319TTING AND DISTRIBUTING ELEC-
TRICITY WITH= THE TOV 0 OF LOS GA.TOS FOR A191Y L MD
ALL PURPOSES OTHER THAI THOSE AUTNORI'D UNDER
SECTION 19 OF ARTICLE = OF THE CONSTITUTION OF
THE STATE OF CLL. FOi'_1IA AS SAID SECTION EXISTED
PRIOR TO ITS A N MENT ON OCTOBER l® 1911; ALL
POLES, `SIRES, CONDUITS AND A_PPt3RTFI1a CES VV71-11ICH ARE
NO+SV' OR MAY HEREAFTER Br L.MFULLY PLACED IN THE
PUBLIC STREETS, WAYS AND PLF?CES VVITHIN SAID TOWN,
AND TO CONSTRUCT AND USE IN SAID PUBLIC STREETS,
'WAYS A ± D PLACES ALL POLES, W- IR ES, CONDUITS, AND
APPURTENANCES INCLUDING CO1~~~ TICATION CIRCUITS
':E1CESS2-_RY OR PROPER FOR SAID PURPOSES A
The City Council of the TO0M OF LOS GATOS does
ordain as follows r
Section 1, VT"nenever in this ordinance the words
or phrases hereinafter in this section defused are used, they
shall have the respective meanings assigned to them in the
following definitions (unless, in the given instance, the
context wherein they are used shall clearly import a differ-
ent meaning). -
(a) The word "grantee" shall mean
Pacific Gas and Electric Company and its
successors or assigns;
(b) The word "city" shall mean the Town
of Los Gatos, a municipal corporation of the
State of California, in its present incorpo-
rated fora or in any later reorganized,
consolidated, enlarged or re-incorporated
forms
ea
(c) The word streets>~ shall mean the
public streets, ways, alleys and places as the
same now or may hereafter exist within said
city;
1 ;
(d) The phrase "poles, wires, conduits and
appurtenancesO shall mean poles, towers,, supports,
wires, conductors, cables, guys, stubs, plat-
forms, crossarms, braces, transformers, insu-
lators, conduits, ducts, vaults, manholes, meters,
cut-outs, switches, communication circuits, ap-
pliances, attachments, appurtenances and 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 the transmitting and/or
distributing of electricity;
(e) The phrase "construct and use's shall
mean to construct, erect, install, lay, operate,
maintain, use, repair or replace,
M The phrase "constitutional franchise's
shall neon the right acquired through acceptance
by said grantee or its predecessor in estate of
the offer contained in the provisions of Section
19 of Article lX of the Constitution of the
State of-dalifornia, as said section existed
prior to its amendment on October 10, 1911.
Section 2, The franchise (a) to use, for trans-
mitting omd- distributing electricity within the Tb of
Los Gatos for any and all purposes other
than these authorized under said constitutional franchises,
all poles* wires, conduits and appurtenances which now are
9;
coffipany upon the te=w and conditions set
forth in the lera ndhi Act of 1937,
Section 3® Said franchise shall he indeter-
Section 4® The grantee of said franchise shall
during the terra thereof pay to said city a sum annually
which shall he equi*agent to two per cent of the gross
annual receipts of said grantee arising from the eases op-
eration or possession of said franchise; provided, hoverer,,
~s°
that such payment shall in no. event be less than a sum which
shall be equivalent to one-half per cent of the gross annual
receipts derived by grantee from the sale of electricity
within the limits of such city under said franchise and said
constitutional franchise.
Section 3® The grantee shall file with the clerk
of said city, 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 there-
after, a duly verified statement showing in detail the total
gross receipts of such grantee during the preceding calendar
year, or such fractional calendar year, from the sale of
electricity within said city. Such grantee shall pay to
said city within fifteen days after the time for filing such
statement, in lawful money of the United States, the afore-
said percentage of its.gross receipts for such calendar
year, or such fractional calendar year, covered by such
statement. Any neglect, omission or refusal by said grantee
to file such verified statement, or to gay 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.
Section 6. This franchise is granted under and
in accordance with the provisions of said Franchise Act of
1937.
Section 7. This ordinance shall become effective
thirty days after its final passage, unless suspended by a
referendum petition filed as provided by law.
4:
Section 8. The grantee of said 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
to be made within thirty days after the city shall have
furnished such grantee with s written statement of such
expenses.
Section 9® The franchise granted hereby shall
not become effective until written acceptance thereof
shall have been filed by the grantee with the City Clerk.
Section 1®® The City Clerk shall cause this
ordinance to be published once within fifteen (15) days
after its passage in
i~
a newspaper of general circulation published and circulated
in said,city o
First read at a regular meeting of the City
council of said city held on the day of
19, and finally adopted and ordered published s a
regular meeting of said Council held on the day of
19 I f 3, by ` the following vote.-
AYES: Councilmen
Y
NOES : Councilmen ABSENT: Councilmen '
'I EST
C ty Clerk of t e Y-**II o
los Gatos