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Home My WebLink About2008-02 ORDINANCE NO. 2008-2 REPEALING THE EXISTING SECTION 16-3 OF THE DANVILLE MUNICIPAL CODE AND ADDDING A NEW SECTION 16-3 GRANTING TO PACIFIC GAS AND ELECTRIC COMPANY THE FRANCHISE TO CONSTRUCT, INSTALL, MAINTAIN AND USE PIPES AND APPURTENANCES FOR TRANSMITTING AND DISTRIBUTING GAS TO THE PUBLIC FOR ANY AND ALL PURPOSES UNDER, ALONG, ACROSS, AND UPON THE PUBLIC STREETS AND PLACES WITHIN THE TOWN OF DANVILLE The Danville Town Council does ordain as follows: SECTION 1. REPEALING THE EXISTING SECTION 16-3 OF THE DANVILLE MUNICIPAL CODE. The existing Section 16-3 of the Danville Municipal Code is hereby repealed in its entirety . SECTION 2. ADDING A NEW SECTION 16-2 TO THE DANVILLE MUNICIPAL CODE. A new Section 16-3 is hereby added to the Danville Municipal Code to read as follows: 16-3.1 Definitions. As used in this section, the following words or phrases shall have the following meamngs: "Grantee" shall mean Pacific Gas and Electric Company and its lawful successors or aSSIgns. "Town" shall mean the Town of Danville, a municipal corporation of the State of California, in its present incorporated form or in any later reorganized, consolidated, enlarged or reincorporated form. "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. "Gas" shall mean natural or artificial gas, or a mixture of natural and artificial gas. "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 gas. "Construct, install, maintain and use" shall mean to lay, construct, erect, install, operate, maintain, use, repair or replace. 16-3.2 Franchise Granted. The franchise to construct, install, maintain and use in the streets of Town all pipes and appurtenances, including communication circuits, necessary or proper for transmitting and distributing gas to the public for any and all purposes is hereby granted to Grantee. 16.3.3 Term of Franchise. The franchise shall be for twenty-five (25) years. The franchise shall endure in full force and effect until the same shall, with the consent of the Public Utilities Commission, 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 said franchise and situated in the territorial limits of the State, municipal or public corporation purchasing or condemning such property, or until said franchise shall be forfeited for noncompliance with its terms by Grantee. 16-3.4 Authority. The franchise is granted under the Franchise Act of 1937. 16-3.5 Responsibilities of Grantee. (a) 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. (b) Grantee shall indemnify and hold harmless Town and its officers from all liability for damages proximately resulting from any operations under the franchise. (c) Grantee shall obtain encroachment permits for all excavations in the streets of Town and restore streets disturbed or altered as a result of Grantee's actions to the applicable and lawful Town ordinances, regulations and standards. 16-3.6 Payment to Town. (a) Grantee shall during the term of said franchise pay to Town two percent (2%) of the gross annual receipts of Grantee arising from the use, operation or possession of PAGE 2 OF ORDINANCE NO. 2008-2 said 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 gas within the limits of Town. (b) Grantee shall file with the City 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 of receipts of Grantee during the preceding calendar year, or such fractional calendar year, from the sale of gas transmission and ancillary services 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 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 3. PAYMENT OF EXPENSES. 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 said franchise. Such payment shall be made within thirty (30) days after Town shall have furnished Grantee with a written statement of such expenses. SECTION 4. EFFECTIVE DATE OF FRANCHISE. The franchise granted hereby shall not become effective until written acceptance thereof shall have been filed by Grantee with the City Clerk of Town. SECTION 5. CODIFICATION. Section 2 of this ordinance shall be codified in the Danville Municipal Code. SECTION 6. PUBLICATION AND EFFECTIVE DATE. The City Clerk of the Town shall cause this ordinance to be published or to be posted in at least three (3) public places in City in accordance with Section 36933 of the Government Code. This ordinance shall become effective 30 days after adoption. SECTION 5. SEVERABILITY. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of the ordinance. The Danville Town Council hereby declares that they would have adopted the ordinance, and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases was declared invalid. PAGE 3 OF ORDINANCE NO. 2008-2 The foregoing Ordinance was introduced on January 15, 2008 and approved and adopted by the Danville Town Council at a regular meeting held on February 6, 2008, by the following vote: AYES: NOES: ABSTAIN: ABSENT: Andersen, Arnerich, Doyle, Shimansky, Stepper None None None (/) ,1'-/ /] <.-P \./ ~U1 V). (~=j CITY ATTORNEY ~'" APPROVED AS TO FORM: CLERK'S CERTIFICATE I, Marie Sunseri, City Clerk of the Town of Danville, hereby certify that the foregoing is a true and accurate copy of Ordinance No. 2008-2 of the Town and that the ordinance was published according to law. Dated: City Clerk of the Town of Danville PAGE 4 OF ORDINANCE NO. 2008-2