HomeMy WebLinkAbout2759 - Gas Franchise by Southern Counties Gas Company1
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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.
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event be less than one per cent (1,%) of the gross annual
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receipts of applicant derived from the sale of gas within the
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limits of the City of Newport Beach under said gas franchise,
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NOW, THEREFORE, BE IT RESOLVED that this City
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Council under and pursuant to the provisions of the Franchise
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Act of 1937, does hereby declare its intention to grant to
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Southern Counties Gas Company of California the franchise so
tpph11 June
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�F���T
applied for; and Monday, the day of 2W, 1943, at four
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o'clock P. M., at the place where this City Council usually
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meets, to -wit: Council Room, City Hall, Newp ort Beach, California,
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is hereby fixed as the day, hour and place when and where any and
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11 persons having any objection to the granting of such
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ranchise may appear before this City Council, and be heard
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hereon, (the time so fixed for such hearing being not less than
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wenty (20) nor more than sixty (60) days after the date of the
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assage of this resolution); and
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BE IT FURTHER RESOLVED that the Clerk of this
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City Council is hereby directed to publish a notice at least
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once within fifteen (15) days after the passage of this
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resolution, in a newspaper of general circulation within this
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Cityof Newport Beach, to -wit: in the NEWPORT BALBOA PRESS, in
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the words and figures as follows, to -wit:
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"NOTICE OF INTENTION TO GRANT GAS FRANCHISE,
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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.
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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
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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
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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:
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19 AYES, COUNCILMEN: U► \1e�T ;tu. ���pe��_
f +
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21 1
22 NOES, COUNCILMEN,
23 V� P
ABSENT, COUNCILMEN:_;r
249' y r
M,r
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LAW OFFICES OF
ROLAND THOMPSON
210 SPURGEON BLDG.
SANT., ANA. CALIF.
ty Clerk