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Home My WebLink AboutORDINANCES - 02091948 - 0423 ORDn(ANCE NO. 423 ORDINANCE GRANTING TO PACIFIC GAS AND ELECTRIC COMPANY, ITS SUCCESSORS AND ASSIGNS, THE RIGHT, PRIVILEGE AND FRANCHISE OF LAYING, CONSTRUCTING AND MAINTAINING GAS PIPES, MAINS AND APPURTENANCES IN SO MANY AND IN SUCH PARTS OF THE PUBLIC HIGHWAYS, STREETS, ROADS AND PLACES OF THE COUNTY OF CERA COSTA ,STATE OF CALIFORNIA, AS THE GRANTEE OF SAID RIGHT, PRIVILEGE AND FRANCHISE MAY FROM TIME TO TIME ELECT TO USE FOR THE AFORESAID PURPOSES, AND OF USING SUCH GAS PIPES, MAINS AND APPURTENANCES FOR CONVEYING, DISTRIBUTING AND SUPPLYING GAS TO THE PUBLIC FOR ANY AND ALL PURPOSES. THE HOARD OF SUPERVISORS OF THE COMM OF CONTRA COSTA. DO ORDAIN AS FOLLOWS: Section 1. The right, privilege and franchise (a) of laying, constructing and maintaining gas pipes, mains and appur- tenances in so many and in such parts of the public highways, streets, roads and places of said County of CONTRA COSTA. as the grantee of said right , privilege and Franchise may from time to time elect to use for the aforesaid purposes, and (b) of using such gas pipes, mains and appurtenances for conveying, distribut- ing and supplying gas to the public for any and all purposes, is hereby granted by said County of CONTRA COSTA to Pacific Gas and Electric Company, its successors and assigns. Section 2. The term of said franchise shall commence with the effective date hereof, and continue and remain in full force and effect until suoh time as the grantee hereof, its sua- cessors or assigns, shall surrender or abandon same or said fran- chise shall be forfeited for noncompliance by the possessor thereof with its terms, or the State of California, said county or other public corporation thereunto duly authorized, shall purchase by voluntary agreement or shall condemn and take under the power of �1 . eminent domain in accordance with, then existing lair all property actually used and useful in the exercise of said franchise situate within the unincorporated area of said county. The franchise hereby granted shall never be given any value before any court or other proceeding of any character whatsoever in excess of the cost to the grantee of the necessary publication and any other sum paid by it to the County of Contra Costa for said franchise at the time of its acquisition hereunder. Section 3. All gas pipes, mains and appurtenances which shall be laid and used under and pursuant to the provisions of this ordinance and in the exercise of said franchise shall be laid, constructed and maintained in a good and workmanlike manner under the direction of the County Road Commissioner and shall be main- tained in compliance with all valid laws and ordinances from time to time in force. Section 4. The owner for the time being of said fran- chise shall, immediately upon laying, constructing, replacing or repairing the said gas pipes, mains and appurtenances, or any part thereof, at its own cost and expense place said highways, streets, roads and places or so much thereof as may have been damaged there- by, in as goad order and condition as that in which they were before being disturbed or excavated for the purpose of laying, constructing, replacing, or repairing said gas pipes, mains and appurtenances, or any part thereof. 3eotion 5. The owner for the time being of said fran- chise shall have the right to maintain, repair and replace any or all of such gas pipes, mains and appurtenances from time to time as may be necessary and proper. "2.. Sootion 6. The grantee of said franchise, its suooessors and assigns, shall, during the term for which the same is granted, pay to said county two per cent (2%) of its or their gross annual re oe ipt s arising from the use, operation or possession the�e#f�, and if such payment shall not be made, such f rano i.se stall be forfeited. Section 7. The said right , privilege and ft"44 tow is granted under and pursuant to the provisions of the lams oil the State of California which relate to the grantingf tits privi- ___ leges and franchises by counties. Section 8. This ordinanoe shall taa effsot anl 'be force upon the expiration of thirty (30) days ,aftr its pasag unless suspended from going into operation by ;a rotre8dpetition filed as provided by law, and shall, before the epiraion of f' f- teen (15) days after the passage thereof, bepublished, with tie names of the members of said Board of Supervisors voting for aid against the same, for one (1) week in the : a newspaper published in said Oounty of Contra Costa. PASSED this 9th day of February, 1948, by thea fol g vote :YES: Supervisors 84 Ri le H. Comings NOES: Supervisors None. Supervisorj R. J. Trembath �A. �s or au rrso rs Attest: of the County of Contra Costa W T PAaSCH county Clerk of the Countyo UOntr4 Costa puty Clem SIM 3- STATE OF CALIFORNIA, COUNTY OF CONTRA COSTA x In the Matter of l l ordinance no. 423 ; Affidavit of Publication ............ ...... ... ...................................•---..........._...... .........._.._................... 213. RIS Err5H IIH11111il , STATE OF CALIFORNIA ) � County of Contra Costa ) Eleanor j.1verTnn being duly sworn, t time herein named he was and now is a deposes and says,that at a., s citizen of the United States of America, over the age of eighteen years,and a resident of said County of Contra Costa. That he is not, �. e a .. nor was he, at any of the Mmes 'hereinafter named, a party to the above entitled proceedings, or interested therein, and that all of said I,r qs�c-cite .'"1..102' times he was, and now is the of THE L SUN, a newspaper printed, published and cir- 1 € Ur inn f . culated in said Contra Costa County, and as such... -VIS.:.r-.a_t e ' t � pmt t ............ECS... �r..he had charge of all advertisements in said newspaper. Thi ` 1,I l i C 7 l O SUN is a newspaper of general e " , ireglation in the said County of Contra Costa,published for the dis- ilm. 11im ::: .'::; semination of local and telegraphic news and intelligence of a gen- eral character, having a bona fide subscription list of paying sub- scribers and which has been established, printed and published in said �� county for more than two years last past, and which is not devoted eat l ' a to the interests or published for the entertainment of a particular classprofession, trade, calling, race or denomination, or any number thereof. That the Ordinance ..............r 423 :::. .. .........................................--..._............_ of which the annexed is a printed copy, was printed and published in the regular and entire issue of every number of said paper during the period and times of publication for......... ..._.....consecutive weeks, 1, r ..... :. . . to wit. from the.-__.._._--•................... d y o 19.. � Qth . day �...�e-bi"rt� �..._..._..19.__�� to and until the..._........___...__..........�. both days included, and as often during said period as said paperVW .:: .:.:-::Ili!i ::: n ..:. was published, to-wit: lac:, '�! ''hxti2 � f 148 s�t�I�•............. ...•--..._...._. .......... ..........._ ............_ ._ R N. ...... illffl 11 s MINOR .................. .................... ...............•..............._..................... ..-._....._.._...... That said notice was published in the newspaper r ro er and p proper 1tr:: rat :i :::: Ott' a :.:.:.::.:..::.:..::::...:.:,.. :.:: not in a supplement. � �� l>p e Or i T•d a -Run .......................... ......................... _.._._... ........_ Subscribed and sworn to before me this .p t� ........... c. ................... ....... .....-day of .... ...............19.r Notary p is in and for the County of Contra Costa, State of California. 3 i 1948