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HomeMy WebLinkAbout2759 - Gas Franchise by Southern Counties Gas Company1 2 3 4 5' 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 RESOLUTION NO C1 /"�`` RESOLUTION BY CITY COUNCIL of the City of INeaport Beach, declaring its intention to grant the Gas Franchise applied for by SOUTHERN COUNTIES GAS COMPANY OF CALIFORNIA hinder the FRANCHISE ACT of 1937. WHEREAS, the City Council has received from I Southern Counties Gas Company of California, a corporation organized and existing under and by virtue of the laws of the State of California, and engaged as a public utilitycorporation in transmitting and distributing gas for all purposes to consumers in various municipalities and communities in the State of California, including the Cityof Newport Beach an application, under and pursuant to the provisions of the Franchise Act of 1937, for a franchise, which said application states, in compliance with the provisions of Section 2 of said Act, that the purpose for which the franchise therein applied for is deeired is to lay and use pipes and appurtenances for trans- mitting and distributing gas for any and all purposes under, along, across or upon the public streets, ways, alleys and places, as the same now or may hereafter exist within the City of Newport Beach and that the term for which the franchise therein applied for is indeterminate, as defined in Section 5 of the Franchise Act of 1937; and WHEREAS, said application further states that the applicant, if granted the franchise therein applied for, will pay to the City of Newport Beach during the life of such franchise, two per cent (215) of the gross annual receipts of applicant arising from the use, operation or possession of said franchise; provided, however, that such payment shall in no LAW OFFICES OF II _ ROLAND THOMPSON _1 210 SPURGEON BLDG. SANTA ANA. CALIF. 26 Notice is hereby given by the City Council of the 27 City of Neap ort Beach that it intends to grant, under and pur- 28 suant to the Franchise Act of 1937: to the Southern Counties 29 Gas Company of California, a corporation, a franchise to lay and 30 use pipes and appurtenances for transmitting and dietbibuting gas 31 for any and all purposes under, along, across or upon the public 32 treets, ways, alleys or places, as the same now or may hereafter LAW OFFICES OF II ROLAND THOMPSON 210 5FUROEON BLOC. SANTA ANA. CALIF. 1 event be less than one per cent (1,%) of the gross annual 2 receipts of applicant derived from the sale of gas within the 3 limits of the City of Newport Beach under said gas franchise, 4 NOW, THEREFORE, BE IT RESOLVED that this City 5 Council under and pursuant to the provisions of the Franchise 6 Act of 1937, does hereby declare its intention to grant to 7 Southern Counties Gas Company of California the franchise so tpph11 June 8 �F���T applied for; and Monday, the day of 2W, 1943, at four 9 o'clock P. M., at the place where this City Council usually 10 meets, to -wit: Council Room, City Hall, Newp ort Beach, California, 11 is hereby fixed as the day, hour and place when and where any and 12 11 persons having any objection to the granting of such 13 ranchise may appear before this City Council, and be heard 14 hereon, (the time so fixed for such hearing being not less than 15 wenty (20) nor more than sixty (60) days after the date of the 16 assage of this resolution); and 17 BE IT FURTHER RESOLVED that the Clerk of this 18 City Council is hereby directed to publish a notice at least 19 once within fifteen (15) days after the passage of this 20 resolution, in a newspaper of general circulation within this 21 Cityof Newport Beach, to -wit: in the NEWPORT BALBOA PRESS, in 22 the words and figures as follows, to -wit: 23 24 "NOTICE OF INTENTION TO GRANT GAS FRANCHISE, 25 TO WHOM IT MAY CONCERN: 26 Notice is hereby given by the City Council of the 27 City of Neap ort Beach that it intends to grant, under and pur- 28 suant to the Franchise Act of 1937: to the Southern Counties 29 Gas Company of California, a corporation, a franchise to lay and 30 use pipes and appurtenances for transmitting and dietbibuting gas 31 for any and all purposes under, along, across or upon the public 32 treets, ways, alleys or places, as the same now or may hereafter LAW OFFICES OF II ROLAND THOMPSON 210 5FUROEON BLOC. SANTA ANA. CALIF. • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 exist within the Cityof Newport Beach; and that Monday, the &rA 7th June day of X&'F, 1943, at four (4) otclock P. M., at the glade where this City Council usually meets, to -wit, Council Room City Hall, Newport Beach, California, is hereby fixed as the day, hour and place when and where any and all persons having any objection to the granting of said franchise may appear before this City Council and be heard thereon. At any time not later than the hour so set for the hearing of objections, any person interested may make written protest, stating objections against the granting of such franchise. Such protest must be signed by the protestant and be delivered to the clerk of this City Council. The term for which said franchise is proposed to be granted is indeterminate, as defined in Section 5 of the Franchise Act of 1937. The grantee of said franchise, and its successors d assigns, will, during the life of said franchise, pay to the ty of Newport Beach two per cent (2 %) of the gross annual ceiptsof the grantee and its successors and assigns arising from the use, operation or possession of said franchise; provided, however, that such payment shall in no event be less than one 23 percent UP of the gross annual receipts of the granteep its 24 successors and assigns, derived from the sale of gas within the 25 limits of the City of Nertp ort Beach under said gas franchise. 26 Said percentage will be paid annually from the date of "the 27 granting of said franchise, and in the event such payment shall 28 29 30 31 32 be made said franchise will be forfeited. April� 19 Dated �$E4Yacx� and LANr OFFICES OF ROLAND THOMPSON 210 SPUNGEON BLDG. SANTA ANA. CALIF. FRANK L. RINEHART City Clerk and Ex- officio Clerk of the City Council of the City of NeV ort Beach, California. -3- i t JV 11 eq BE IT FURTHER RESOLVED that the grantee of said franchise shall be recp fired to file a bond running to the 3 City of Neup ort Beach, with at least two good and sufficient 4 sureties to be approved by this City Council, in the penal sum 5 hereby prescribed to be ONE - THOUSAND, Dollars 6 ( 1,000.00 ), conditioned that such grantee shall well and 7 truly observe, fulfill and perform each and every term and 8 condition of such franchise, and that in case of any breach of 9 condition of such bond, the whole amount of the penal sum therein 10 named shall be taken and deemed to be liquidated damages and 11 shall be recoverable from the principal and sureties upon said 12 bond. 13 I hereby certify that the above and foregoing ad 14 Resolution was duly and regularly passed nd opted by the City 15 Q� nu.ti-:: -�'1 Council of the City of Newport beach at s� i6iar meeting ^. 16 thereof held on the 19th day of April, 1943) by the following 17 vote, to -wit: 18 19 AYES, COUNCILMEN: U► \1e�T ;tu. ���pe��_ f + 20 21 1 22 NOES, COUNCILMEN, 23 V� P ABSENT, COUNCILMEN:_;r 249' y r M,r -r28 29 30 31 32 LAW OFFICES OF ROLAND THOMPSON 210 SPURGEON BLDG. SANT., ANA. CALIF. ty Clerk