HomeMy Public PortalAboutResolution 60-061(To be used where Gas Company does not have a Constitutional Franchise)
RESOLUTION NO. 60 -61
RESOLUTION BY - CITY COUNCIL
OF THE - CITY OF TEMPLE CITY
DECLARING ITS INTENTION TO GRANT THE GAS FRANCHISE APPLIED FOR BY
SOUTHERN COUNTIES GAS COMPANY OF CALIFORNIA
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 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 utility corporation in transmitting and distributing gas for all
purposes to consumers in various municipalities and communities in the
State of California, including the City of Temple City, an application,
under and pursuant to the provisions of Division 3, Chapter 2 of the
Public Utilities Code of the State of California, for a franchise, which
said application 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 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 Temple City; and that the term for
which the franchise therein applied for is indeterminate, as defined in
Section 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 Counties Gas Company of California 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
East 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 date 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 Franchise Act of 1937, to Southern Counties Gas Company of Cali-
fornia 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 hereafter 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, City Hall, 9664 East Las
Tunas Drive, Temple City, Calif. is hereby fixed as the day, hour and
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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 hear-
ing 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 Coun-
cil.
The term for which said franchise is proposed to be granted is
indeterminate, 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
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 per cent (1 %) of the gross annual receipts of the grantee,
its successors and assigns, derived from the sale of gas within the lim-
its of the City of Temple City under said gas franchise. Said percent-
age will be paid annually from the date of the granting of said franchise,
and in the event such payment shall not be made said franchise will be
forfeited.
Dated - July 25, 1960
ca.) newt
Clerk of City Council
of the City of Temple City
I HEREBY CERTIFY that the foregoing is a true and correct
II copy of Resolution No. 60 -61, passed and adopted by the City Council
of the City of Temple City on the 25th day of July, 1960.
Dated: July 25, 1960 Cam. e-.... C.--% o
City Clerk
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