HomeMy WebLinkAbout3504 - Southern California Edison Franchiser
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WHEREAS, SOUTHERN CALIFORNIA EDISON COMPANY, a California
utility corporation, has filed with the Council of the City of
Newport Beach an application requesting that a franchise be
granted to it of the character and for the purposes mentioned in
the form of notice hereinafter set forth; and
WHEREAS, in the opinion of said Council the public good
requires that said franchise be granted;
NOW, THEREFORE, BE IT RESOLVED that said City Council
intends to grant said franchise, that hearing of objections to the
granting thereof will be held at the time and place specified in
the form of notice hereinafter set forth which the Clerk of said
City is hereby directed to publish at least once within fifteen
days after the passage of this resolution in �va�Zf• � h4 4�ok
--C NA 5 , a newspaper of general cir-
culation within said City, and that said notice shall be in the
following words and figures:
"NOTICE OF INTENTION TO GRANT FRANCHISE.
NOTICE IS HEREBY GIVEN that Southern California
Edison Company, a California utility corporation, has
filed its application with the Council of the City
of Newport Beach requesting said Council to
grant it a franchise for an indeterminate period, as
provided in the Franchise Act of 1937, (1) to use,
for transmitting and distributing electricity within
said City for any and all purposes other than those
authorized under Section 19 of Article %I of the
Constitution of the State of California, as said
section existed prior to its amendment on October 10,
..se : ..
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1911, all poles, wires, conduits and appurtenances
which now are or may hereafter be lawfully placed
in the public streets, alleys, ways and places
within said City, and (2) to construct and use in
said public streets, alleys, ways and places all
poles, wires, conduits and appurtenances, including
communication circuits, necessary or proper for said
purposes.
If said franchise shall be granted to it, said
Southern California Edison Company, its successors
and assigns, hereinafter designated grantee, shall
during the life of said franchise pay to said City
two percent (2 %) of the gross annual receipts of
said grantee arising from the use, operation or
possession of said franchise; provided, however,
that such payment shall in no event be less than
a sum which shall be equivalent to one -half percent
(1/2 %) of the grows annual receipts derived by
grantee from the sale of electricity within the
limits of said City under both the franchise to
be granted and the franchise now owned by said
grantee by virtue of Section 19 of Article XI of
the Constitution of the State of California as
said section existed prior to its amendment on
October 100 1911. Such percentage shall be paid
annually from the date of the granting of the fran-
chise applied for, and in the event such payment
shall not be made said franchise shall be forfeited.
Said City Council proposes to grant said franchise
for an indeterminate period.
NOTICE IS HEREBY FURTHER GIVEN that any and all
persons having any objections to the granting of said
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franchise may appear before said Council at the City
Hall of said City at the hour of ._L o'clock p.m.
on Mom b h-4 , the �:05� day of
1947, and be heard thereon; and
ICE IS HEREBY FURTHER GIVEN that at any
time not later than the hour set for hearing such
objections any person interested may make written
protest stating objections against the granting
of said franchise, which protest must be signed by
the protestant and be delivered to the City Clerk
of said City, and the Council shall at the time set
for hearing said objections proceed to hear and
pass upon all protests so made; and
NOTICE IS HEREBY FURTHER GIVEN that the grantee
of said franchise must within five days after the
date of granting came file with the Council of said
City a bond in the penal sum of one thousand dollars
($1,000.00) running to said City with at least two
good and sufficient sureties thereto to be approved
by said City Council conditioned that such grantee
shall well and truly observe, fulfill and perform
each and every term and condition of said franchise,
and that in case of any breach of bondition of said
bond occurring the whole amount of the penal sum
herein named shall be taken and deemed to be liquidated
damages and shall be recoverable from the principal and
sureties upon said bond.
For further particulars reference is hereby made
to said application filed as aforesaid in the office
of said Council, and also to the resolution adopted
by said City Council on the 1�e day of ,
1947, declaring its intention to grant said 44hise.
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Dated this �� day of
1947.
By order of the Council of the City of
Newport Beach, California.
7
CtyCer,
City of Newport Beach"
The foregoing resolution was duly passed and adopted by
adjourned
the Council of the City of Newport Beach at a regular /meeting
of the said Council held on the 3 day of 11947,
by the following vote:
AYES: Councilmen
4 a
NOES: Councilmen V'�411J
ABSENT: Councilmen -AN.V�
ATTEST:
e�,
State -of California.
yor, City of`i NdwporV Beach,
State of California
-4-
r
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF NEWPORT BEACH )
SS
I, MARGERY SCHROUDER, City Clerk of the City of Newport
Beach, California, do hereby certify that according to the records
of the City of Newport Beach filed and maintained in my office,
the foregoing Resolution No. 3504 was duly and
regularly adopted, passed, and approved by the City Council of
the City of Newport Beach, California, at a regular meeting of
said City Council held at the regular meeting place thereof, on
the 28th day of July 1 1947) by the following
vote, to wit:
AYES, COUNCILMEN: Allen, Siler, Isbell, Robertson, Reed
NOES, COUNCILMEN: None
ABbENT, COUNCILMEN: None
Dated this
15th day of
June
1959
J
City Clerk and Ex Of is o Clerk of the
City Council, City of Newport Beach,
State of California.