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HomeMy Public PortalAboutResolution 60-060RESOLUTION NO. 60 -60 (To be used where Gas Company does not have a Constitutional Franchise) RESOLUTION BY - CITY COUNCIL OF THE - CITY OF TEMPLE CITY DECLARING ITS INTENTION TO GRANT THE GAS FRANCHISE APPLIED FOR BY SOUTHERN CALIFORNIA GAS COMPANY UNDER DIVISION 3, CHAPTER .2 OF THE PUBLIC UTILITIES CODE OF THE STATE OF CALIFORNIA, KNOWN AS THE FRANCHISE ACT OF 1937. WHEREAS, this City Council has received from Southern California Gas Company a corporation organized and existing under and by virtue of the laws of the State of California, and engaged as a public utility corporation in transmitting and distributing gas for all purposes to con- sumers in various municipalities and communities in the State of Cali- fornia, including the City of Temple City, an application, under and pursuant to the provisions of Division 3, Chapter 2 of the Public Utili- ties Code of the State of California, for a franchise, which said appli- cation states, in compliance with the provisions of Section 6231 thereof, that the purpose for which the franchise therein applied for is desired is to lay and use pipes and appurtenances for transmitting and distri- buting gas for any and all purposes under, along, across or upon the public streets, ways, alleys and places, as the same now or may here- after exist within the City of Temple City; and that the term for which the franchise therein applied for is indeterminate, as defined in Sec- tion 6264 of the Public Utilities Code of the State of California; and WHEREAS, said application further states that the applicant, if granted the franchise therein applied for, will pay to the City of Temple City, during the life of such franchise, two per cent (2 %) 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 event be less than one per cent (1 %) of the gross annual receipts of applicant derived from the sale of gas within the limits of the City of Temple City, under said gas franchise. NOW, THEREFORE, BE IT RESOLVED that this City Council, under and pursuant to the provisions of Section 6232 of the Public Utilities Code of the State of California, does hereby declare its intention to grant to Southern California Gas Company the franchise so applied for; and Monday, the 22nd day of August, 1960, at 7:30 o'clock, P.M., at the place where this City Council usually meets, to wit, City Hall, 9664 E. Las Tunas Drive, Temple City, California, is hereby fixed as the day, hour and place when and where all persons having any objection to the granting of such franchise may appear before this City Council 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 daae of the passage of this resolution); and BE IT FURTHER RESOLVED that the Clerk of this City Council is hereby directed to publish a notice at least once within fifteen (15) days after the passage of this resolution, in a newspaper of general circulation within this City of Temple City, to wit, in the Temple City Times, in the words and figures as follows, to wit:. "NOTICE OF INTENTION TO GRANT GAS FRANCHISE. TO WHOM IT MAY CONCERN: Notice is hereby given by the City Council of the City of Temple City that it intends to grant, under and pursuant to Division 3, Chapter 2 of the Public Utilities Code of the State of California, known as the Fran- chise Act of 1937, to Southern California Gas Company a corporation, a franchise to lay and use pipes and appurtenances for transmitting and distributing gas for any and all purposes under, along, across or upon the public streets, ways, alleys or places, as the same now or may here- after exist within the City of Temple City; and that Monday, the 22nd day of August, 1960, at 7:30 o'clock, P.M., at the place where this City Council usually meets, to wit, 9664 E. Las Tunas Drive, Temple City, Calif. is hereby fixed as the day, hour and place when and where any and 70 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 in- terested 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 in- determinate, as defined in Section 6264 of the Public Utilities Code of the State of California. The grantee of said franchise, and its successors and assigns, will, during the life of said franchise, pay to the City of Temple City two per cent (2 %) of the gross annual receipts of the grantee and its success- ors 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 per cent (1 %) of the gross annual receipts of the grantee, its successors and assigns, derived from the sale of gas within the limits of the City of TempileCity under said gas franchise. Said percentage will be paid annually from the date of the granting of said franchise, and in the event such payment shallInot be made said franchise will be forfeited. Dated July 25, 1960 CsJd.. Clerk of City Council of the City of Temple City 71