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<br />ORDINANCE NO. 535 N. S.
<br />fran-his �_" shall mean the right
<br />statement showing in detail the
<br />ORDINANCE GRANTING TO
<br />acquired through acceptance by
<br />total gross receipts of such gran -
<br />PACIFIC GAS AND ELECTRIC
<br />sai,a grantee or its preaeceslsor in
<br />tee during the preceding Galena-ar
<br />COMPANY, ITS SUCCESSORS
<br />estate of the offer contained in
<br />year, or such fra3tional calendar
<br />4 N D AS S L G N S, T I-i E FRAM-
<br />the provisions of Section 19 of
<br />year, from the sale of gas within
<br />CH SE i O U 3 E, FOR TRANS-
<br />Article XI of the Constitution of
<br />said city. Such grantee shall pay
<br />R,ITTING AND DI rTRIBUT-
<br />the State of California, as said
<br />to said city within fifteen days
<br />I N G GAS W ,THIN THE CITY
<br />section existed prior to its amend-
<br />after the time for filing such
<br />C F SAN LEANDRO FOR ANY
<br />meat on October 10, 1:911, and
<br />statement, in lawful money of the
<br />kND ALL PURPOSES OTHER
<br />now owned by said grantee whi h
<br />United States, the aforesaid per-
<br />'r B AN 'I.. HOSE AUTHORIZED
<br />cn�itles it to use the public streets
<br />tentage of its gross receipts for
<br />UNDER SECTLON 19 OF AR-
<br />and thorouglvfarcs of said city and
<br />such calendar year, or such frac-
<br />r ICLE XI OF THE CONSTI-
<br />to lay down and use gas pipes and
<br />tional calendar .year, covered by
<br />'i UT,ON OF TH:- STATE OF
<br />conduits therein and connections
<br />such statement. Any neglect, omis-
<br />r_ALIF(,RN4A AS SAID SEC-
<br />therewith for distributing gas to
<br />sion or reWsal by said grantee to
<br />":ICON EX13TLD PRIOR TO ITS
<br />the inhabitants of said city,
<br />file. such verified statement, or
<br />AMENDMENT ON OC-,VOBER
<br />Section 2. The franchise (a) to
<br />to pay said percentage at the time
<br />"r), 1911, ALL GAS PIPES AND
<br />use, for transmitting and distri-
<br />and in the manner specified, b-all
<br />A FUR -I ENANCES W H I C H
<br />buting gas within the City of San
<br />be grounds for the declaration of
<br />ARE NOW OR MAY HERE- �
<br />Leandro for any and all purposes
<br />a forfeieare of this fran-chise and
<br />AFTER BE LAWFULLY
<br />other than those Wathorized under
<br />of all rights of grantee hereunder.
<br />PLACED IN THE PUBLIC
<br />said constitutional franchise, allSection
<br />6. This ordinance is
<br />8-f BEETS, WAYS AND PLAC-
<br />gas pipes and appurtenances
<br />granted under and in accordance
<br />ES W Il H I N SAID CITY, AND
<br />which new are or mlay hereafter
<br />with provisions of said Franchise
<br />-10 LAY AND, USE IN SAID
<br />be lawfully p:a.ced in the streets
<br />Act of 1937.
<br />�AJELIC STREETS, WAYS AND
<br />within said city, and (b) to lay
<br />Section 7. This ordinance shall
<br />PLACES ALL PIPES AND AP-
<br />and use in said streets all pipes
<br />become effective thirty days after
<br />FUR i MNIANGtS NtG1:.b8AKY
<br />and appurtenances necessary or
<br />its final passage, unless suspend -
<br />OR PROPER FOR SAID PUR-
<br />proper for said purpose's, is here-
<br />ed by a referendum petition filed
<br />POSES.
<br />by granted to Pacific Gas and
<br />as provided by law.
<br />The City Council of the City
<br />Electric Company upon the terms
<br />Section S. The grantee of said
<br />of Sr n Leandro does ordain as
<br />and conditions set forth in the
<br />franchise shall pay to the city
<br />follows:
<br />Franchise Act of 1937.
<br />a sum of money sufficien., to r,�-
<br />Section 1. Whenever in this
<br />Section 3. Said franchise shall
<br />imburse it for all publication ex -
<br />ordinance the words or phrases
<br />be for an indeterminate term or
<br />I crise incurred by it in connec-
<br />hereinalfter in this section defined
<br />period from and after the effec-
<br />ton with tbe granting thereof;
<br />are used, they shall have the re-
<br />tive dlate hereof, that is to say,
<br />such payment to be niade w� ;;;in
<br />spective meanings assigned to
<br />said franchise shall endure in
<br />; l,.rty days .'ter the city ALI9"1
<br />them in the following definitions
<br />full force and effect until the
<br />h.-,Vo furn;ctied such grantee with
<br />(unless, in the given instance, the
<br />same shall., with the consent of
<br />a written statement of such ex -
<br />context wherein they are used
<br />the Railroad Commission of the
<br />State of California, be voluntarily
<br />pense.
<br />shall clearly import a different
<br />surrendered or abandoned by the
<br />Section 9• Within ten days after
<br />meaning):
<br />(a) The word "grantee" shall
<br />grantee. or until the state or some
<br />the passage and publi,;ation of
<br />ibis ordinance the grantee s.iall
<br />the corporation to which
<br />municipal or public corporation
<br />file with the City Clerk written
<br />mean
<br />the franchise contemplated in this
<br />th?ret�pon duly authorized by law
<br />accE p`ance of said franchise.
<br />is granted and its law-
<br />shawl purchase by voluntary agree-
<br />Section 10. This ordinance shall
<br />ordinance
<br />assigns;
<br />ment or shall condemn and take
<br />be attested by the Clerk and pub-
<br />ful successors or
<br />(b) The word "city" shall mean
<br />under the power of eminent do-
<br />lished by one insertion in the San
<br />the City of San Leandro, a muni-
<br />main, all property actually used
<br />s.nd »setul in the exercise of said
<br />Leandro News, a newspaper of
<br />(printed, -
<br />c ipal corporation of the State of
<br />franchise and situate in the ter-
<br />i eneral cir,-elation, pub
<br />fished and circulated in the City
<br />California, in its present incorp°-
<br />ritorial limits o: Lae state, muni-
<br />of San Leandro and which is
<br />rated form or in any later reor-
<br />zanized, consolidated, enlarged or
<br />eipal or public corporation pur-
<br />c� ^sing or condemning such prop-
<br />hereby designated for that pur-
<br />re-incorporated form;
<br />erty, or until said franchise shall
<br />pose.
<br />(c) The word "streets" shall
<br />ba forfeited for noncompliance
<br />Introduced by C o u n c i l m a n
<br />mean the public streets, ways,
<br />with its terms by the grantee.
<br />Thomas this 17th day of January,
<br />lanes, alleys or courts or other
<br />Section 4. :he grantee of said
<br />1938, and passed and adopted
<br />public places (exclusive of parks)
<br />fra,nchisP shall during the term
<br />this 24th day of January, 1938, by
<br />as the same now or may hereafter
<br />thereof pay to said city two per
<br />the following called vote:
<br />exist within said city;
<br />cent of the gross annual receipts,/ AYE'S: COUNCILMEN Groves,
<br />(d) The word "gas" shall mean
<br />of said grantee arising from the
<br />Lawrence, Omendorf.f, Thomas
<br />natural or artificial gas, or a mix-
<br />use, operation or possession of
<br />Derry ____________________________________ (5)
<br />ture of natural and artificial gas;
<br />said franchise; provided, how-
<br />NOES: COUNCILMAN ........ (0)
<br />(e) The phrase "pipes and ap-
<br />ever, that such payment shall in
<br />ABSENT: COUNICILMAN ____ (0)
<br />purtenances" shall mean pipe•
<br />no event be less than a sum which
<br />Approved this 24th day of Jan -
<br />pipe -line, main, service, trap, vent,
<br />shall be. equivalent to one per
<br />uary, 1938.
<br />vault, manhole, meter, guage, re-
<br />cent of the gross annual receipts
<br />EARL_ DERRY,
<br />gulator, valve, conduit, appliance,
<br />derived by grantee from the sale
<br />Mayor.
<br />attachment, appurtenance and any
<br />of gas within the limits of such
<br />A:: TEST : E. F. HUTCHINGS,
<br />other property located or to be
<br />city under said franchisE; and said
<br />City Clerk.
<br />located in, upon, along, across,
<br />constitutional franchise.
<br />I, E. F. HUTC'HINGS, hereby
<br />under or over the streets of the
<br />Section 5. The grantee shall file
<br />certify that the foregoing ordin-
<br />city, and used or 'aseful in the
<br />with the clerk of said city, within
<br />ante was passed and adopted by
<br />transmitting and/or distributing
<br />three months after the expiration
<br />the City Council in regular ad -
<br />of gas;
<br />of the calendar year, or fractional
<br />journed meeting on the 24th day
<br />(f) 'The phrase "lay and use"
<br />calendar year, following the date
<br />of January, 19,18•
<br />shall mean to lay, construct, erect,
<br />of the granting thereof, and with-
<br />E. F. HUTCHINGS,
<br />install, operate, maintain, use,
<br />in three months after the ey..pira-
<br />City Clerk of the City
<br />_repair or replace.
<br />tion of each and every calendar
<br />of San Leandro.
<br />(g) The phrase "constitutional
<br />year thereafter, a duly verified
<br />P'ablish Feby• 1, 1.938.
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