HomeMy WebLinkAboutCC Res 1148 1961-10-02
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RESOWTION BY CITY COUNCIL OF THE CITY OF SEAL
BEACH, STATE OF CALIFORNIA, DECI/lllIIro ITS INTENTION
TO GRAl'lT THE GAS FRANCHISE APPLIED FOR BY CALIFORNIA
GAS ~SSION COMPANY UNDER DIVISION 3, CHAPTER
2 OF THE PUBLIC UTILITIES CODE OF THE STATE OF
CALtFORNIA, KNOWN AS THE FRANCHISE ACT OF ~937.
WHEREAS, "this City Council has received from CAIiLroRNIA GAS TRANS-
MISSION COMPANY, a corporation organil!:ed and existing under and by virtue
of the laws of "the State of CBJ.ifornia and desiring to engage as a public
utility corporation in transmittJ.ng gas for any and all purposes J.n the
State of CaJ.1fornia, an appl1catJ.on, under and pursuant to the proVJ.Bions
of Division 3, Chapter 2 of the Public Utilities Code of the State of
CBJ.ifornia, for a franchise, which aaid application states, in compliance
w:L"th the provisions of Section 6231 thereof, that the purpose for which
the franchise "therem applied for is desired is to lay and use a pipeline
and appurtenances for transmitting gas for szry and all purposes 1ll1der,
along, across or upon the public streets, ways, alleys and places, as the
same now or may hereafter exist wi"thin the City of SeaJ. Beach and that
the term for which the franchise therein applied for J.S indeterminate,
as defined in SectJ.On 6264 of the PublJ.c utilities Code of "the State of
CBJ.l.fornia; and
WHEREAS, saJ.d application further states that the applicant, if
granted the franchise tberem appJ.ied for, w1ll pay to "the City of SeaJ.
Beach during the life of such franchise, two per cent (2%) of the gross
annual receipts of applicant a:I'l.sing from "the use, operation or possessJ.on
of said franchise; provided, however, that such p~nt shall in no event
be l.ess than one per cent (~%) of the gross annual receipts of applicant
derived from the saJ.e w:L"thin the llmits of the City of SeBJ. Beach of
the utility service for "Which such franchise is awarded.
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Reoslut~on Number
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NOW, TBEElEFORE, BE IT RESOLVED that this City CouncU under and
pursuant to the provisions of Section 6232 of the Public Ut1l1tl.es Code of
the State of California, does hereby decJ.s.re its intention to grant to
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CALIFORNIA GAS ~SMISSION COMPANY the franchise
~g day of
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so applied for; and
. the
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o'clock
M., at the pJ.a.ce where this City
CouncU us~ meets, to-wit: City Ha.l.l, 8th Street and Central Avenue,
is hereby fixed as the day, hour and pl.a.c:e when and where all persons
having any obJection to the granting of such franchise may appear before
this City CouncU and be heard. thereon, (the time so fixed for such
hearing being not less than twenty (20) nor more than sixty (60) days
after the date of the passage of this resolution); and
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BE IT FURTHER RESOLVED that the Clerk of this City CouncU is
hereby directed to publish a notice at least once within fifteen (15) days
after the passage of this resolution, :Lll a newspaper of general cl.rculation
within this City of Seal Beach; to-wit: :Lll the ~ DHAcH k)'sS g/Jh:/c=
in words and figures as follows: to-wit:
NOTICE OF INTENTION TO GRANT GAS FRANCHISE
Al'ID OF TIME Al'ID PLIICE OF HEARING OBJlXlTIONS
TO WHOM IT MAY CONCERN:
NOTICE IS HEREBY GIVEN by the City CouncU of the City of Seal
Beach that it intends to grant, under and pursuant to Division 3, Chapter
2 of the Public ut1l1ties Code of the State of CalJ.fornia, known as the
Franchise Act of 1937, to CALIFORNIA GAS ~SMISBION COMPANY, a corporation,
a franchise to lay and use a pipeline and appurtenances for transmitting gas
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for any and all puI'poses under, along, across or upon the public streets,
ways, alleys and pJ.a.ces, as the same now or may hereafter ex:l.st within the
A/oP8"#I~'~
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, at /.'.7"
. the 6~ day of
o I clock ;a' M., at the pl.a.c:e
City of Seal Beach; and that
where this City CouncU us~ meets, to-wit: City Ha.l.l, 8th Street and
Central Avenue, is hereby fixed as the day, hour and pJ.a.ce 'When and where
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Resolution Number '
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e:rry and aD. persons having any obJection to the gt'anting of said franch:l.se
may appelU' before this City Council and be helU'd "thereon. At any t:l.me not
later than the hour so set for the helU'ing of objections, any person
lllterested may make written protest, stating objections against "the granting
of such franchise. Such protest shalJ. be signed by the protestant and
deUvered to the Clerk of this City Council.
The term for which said franchise is proposed to be granted is
indeterminate, as defined in SectJ.On 6264 of the Public Utilities Code of
the State of CaJ.J.fornia.
The gt'antee of said franchise, and its successors and assigns,
will, durJ.ng the life of said franchise, pay to the City of Seal Beach
two per cent (2.') of the gross annual receipts of the gt'antee and its
successors and assigns arising from the use, operation or possession of
said franch:l.se; provided, however, that such payment shaD. in no event be
less than one per cent (1%) of the gross annual receipts of the gt'antee,
its successors and assigns, derived from the sale within the l:I.m:Lts of the
City of Seal Beach of the utility service for which such franchise is
a'Wll.Tded. Said percentage wUl be paid annuaJ.J.y from the date of the gt'anting
of saJ.d franchise, and in the event such payment shalJ. not be made sa1d
franchise will be forfeited.
The gt'antee shalJ. fUe with the City of Seal Beach a bond
in favor of the City with two good and sufficient sureties approved by
the City CouncJ.l of the Ci1;y, or a corporate surety approved by saJ.d Council
in the a:mount of $2,000.00, said bond. in such sum shalJ. condition that the
grantee shalJ. well and truly observe, fuJ.f1ll and perform each term and
condition of the franchise and shalJ. further provide that in case of any
breach of term and condition that the penal sum therein named shalJ. be
recoverable from the principal and securities upon the bond.
It is the intention of the City of Seal Beach that said bond
be fJ.led pursuant to Section 6301 of the PUblic Utilities Code of the State
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Resolution Number
of CaJ.1fornia as the same presently provJ.des.
Dated @e-""'" ~
J ~96 r
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~P~.~-~ -
~erk of the City Council of
the C1 ty of SeaJ. Bea.c:h
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