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Ord 0266-GRANTING TO PACIFIC GAS AND ELECTRIC COMPANY, ITS SUCCESSORS AND ASSIGNS THEM TO DISTRIBUTING ELECTRICITY WITHIN THE TOWNORDINANCE NO ® .2 W I The City Council of the Town of Los Gatos does ordain as follows Section 1. Whenever in this ordinance the words or phrases hereinafter in this section defined 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 lawful successors or assigns; ( b ) The word. "city" shall mean the Town of Los Gatos, a municipal corporation of the State of Cali- fornia, in its present incorporated form or in any later reorganized, consolidated, enlarged or reincorporated form; (c) The word "streets" shall mean the public streets, ways, lanes, alleys and places as the same now or hereafter exist within said city; (d) The word "gas" shall mean natural or artifi- cial gas, or a mixture of natural and artificial gas; (e) The phrase "Pipes and appurtenances" shall mean pipes, pipelines, mains, services, traps, vents, vaults, manholes, meters, gauges, regulators, valves, conduits, appliances, 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 gas; (f) The phrase Flay and use's shall mean to lay, construct., erect, install, operate, maintain, use, repair or replace, Section 2, The franchise to lay and use in the streets of said city all pipes and appurtenances for trans- mitting and distributing gas to the public for any and all purposes within said city is hereby granted to Pacific (was and Electric Company upon the terms and conditions herein set forth. Section 3, said franchise shall be indeterminate, that is to say, said franchise shall endure in full force and effect until the same shall, with the consent of the Railroad Commission of the State of California, be volun- tarily surrendered or abandoned by the 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 and useful in thO exercise of said franchise and situate in the territorial limits of the states municipal or public corporation purchasing or condemn- ing such property , or until said franchise shall be for- feited for non-compliance with its terms by the grantee, section 4® All public streets disturbed or ex- cavated by grantee hereunder shall at its or their own cost and expense immediately be placed in as good order and 2 ® Section 6. The grantee shall file with the 3e Section The grantee of this franchise shall, (a) install and maintain all pipes and appurtenances in accordance and, in conformity with all of the ordinances, rules and regulations theretofore or thereafter adopted by the City Council in the exercise of its police powers and not in conflict with the paramount authority of the State, and, as to State highways, subject to the provisions of general laws relating to the location and maintenance of such facilities therein, (b) pay to the city on demand the cost of all repairs to public property made necessary by any of the operations of the grantee under this franchise, (c) indemnify and hold harmless the city and its officers from any and all liability for damages proximately result- ing from any operations under this franchise, (d) remove or relocate without expense to the city any facilities installed, used and maintained under this franchise if and when made necessary by any lawful change of grades alignment or width of any public street, way, alley or place, including the construction of any subway or -viaduct, by such city, and (e) file with the City Council of the city within thirty (30) days after any sale, transfer, assignment or lease of the franchise or any part thereof or any of the rights or privileges granted thereby, written evidence of same 4® certified to by the grantee or its duly authorized officers, Section 8, This ordinance shall b)ecome effective thirty days after its final passage, unless suspended by a referendum petition filed as provided by law, Section 9e The grantee of said franchise shall pay to the city a sure 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 a written statement of such expenses. Section 10® This ordinance shall be published once within f'if'teen days after its final passage in LMf~ - , a newspaper of general circulation published and, circulated in said city, First read at a regular meeting of the City Council of said city held on the 7th day of June,, 1943, and finally adopted and ordered published at a regular meeting of said Council held on the o21 day of 19 51"J, 9 by the following vote: 0 AYES: Councilmen 4L-a . NO'S: Councilmen ABSENT: Councilmen A= Si : ~ Z- City Cler of the Town of Los Gatos. 3: