Chapter 3.28
PACIFIC GAS AND ELECTRIC COMPANY GAS FRANCHISE
Sections:
3.28.020 Grant of nonexclusive franchise—Terms and conditions.
3.28.030 Statement of receipts required.
3.28.050 Reimbursement of publication expenses.
3.28.010 Definitions.
Whenever in this chapter the words or phrases hereinafter in this section defined are used, they shall have the respective meanings assigned to them in the following definitions:
“City” means the city of Dublin, a municipal corporation of the state of California, in its present incorporated form or in any later reorganized, consolidated, enlarged or reincorporated form.
“Gas” means natural or artificial gas, or a mixture of natural and artificial gas.
“Grantee” means Pacific Gas and Electric Company, and its lawful successors or assigns.
The phrase “install, maintain and use” means to lay, construct, erect, install, operate, maintain, use, repair or replace.
The phrase “pipes and appurtenances” means pipes, pipelines, mains, services, traps, vents, vaults, manholes, meters, gauges, regulators, values, 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 city, and used or useful in transmitting and/or distributing gas.
“Streets” means the public streets, ways, alleys, and places as the same now or may hereafter be established, within city, and freeways hereafter established within city. (Ord. 16 § 1, 1982)
3.28.020 Grant of nonexclusive franchise—Terms and conditions.
A. The nonexclusive franchise to install, maintain and use in the streets of city all pipes and appurtenances for transmitting and distributing gas to the public for any and all purposes is granted to Grantee.
B. Grantee shall relocate, without expense to city, any pipes and appurtenances installed, maintained or used under this nonexclusive franchise, if and when made necessary by any lawful change of grade, alignment or width of any streets by city, including the construction of any subway or viaduct; provided, however, that the cost of any such relocation made necessary by the construction or any lawful change of grade, alignment or width of any freeway constructed by the state of California shall be divided equally between Grantee and the state of California.
C. The nonexclusive 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 and useful in the exercise of the nonexclusive franchise and situate in the territorial limits of the state, municipal or public corporation purchasing or condemning such property, or until the nonexclusive franchise shall be forfeited for noncompliance with its terms by Grantee.
D. Grantee shall during the term of the nonexclusive franchise pay to city two percent (2%) of the gross annual receipts of Grantee arising from the use, operation or possession of the nonexclusive franchise; provided, however, that such payment shall in no event be less than one percent (1%) of the gross annual receipts of Grantee derived from the sale of electricity within the limits of city. (Ord. 16 §§ 2-5, 1982)
3.28.030 Statement of receipts required.
Grantee shall file with the City Clerk of city, 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 electricity within city. Grantee shall pay to city 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 said percentage at the time and in the manner specified, shall be grounds for the declaration of a forfeiture of this nonexclusive franchise and of all rights of Grantee hereunder. (Ord. 16 § 6, 1982)
3.28.040 Statutory authority.
The nonexclusive franchise is granted under the Franchise Act of 1937. (Ord. 16 § 7, 1982)
3.28.050 Reimbursement of publication expenses.
Grantee shall pay to city a sum of money sufficient to reimburse it for all publication expenses incurred by it in connection with the granting of the nonexclusive franchise. Such payment shall be made within thirty (30) days after city shall have furnished Grantee with a written statement of such expenses. (Ord. 16 § 9, 1982)
3.28.060 Effective date.
The nonexclusive franchise granted hereby shall not become effective until written acceptance thereof shall have been filed by Grantee with the City Clerk of city. (Ord. 16 § 10, 1982)