HomeMy WebLinkAboutResolution No. 033 - Franchise to Southern California Edison Company 3
RESOLUTION NO. 33
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY,
CALIFORNIA, DECLARING ITS INTENTION TO GRANT AN ELECTRIC
FRANCHISE TO SOUTHERN CALIFORNIA EDISON COMPANY.
WHEREAS, SOUTHERN CALIFORNIA EDISON COMPANY, a California corpora-
tion, has filed with the City Council of the City of Downey an application
requesting that a franchise be granted to it of the character and for the
purpose mentioned in the form of notice hereinafter set forth; and
WHEREAS, in the opinion of said City 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 City C lerk of said City is hereby directed to publish
at least once in the Downey Livewire, a newspaper of general circulation in
said City, and to post in three public places in said City, within fifteen (15)
days after the passage of this resolution, and that said notice shall be sub-
stantially in the following words and figures:
" NOTICE OF INTENTION TO GRANT FRANCHISE.
NOTICE IS HEREBY GIVVEN that Southern California Edison Company, a
California corporation, has filed its application with the City Council of
the City of Downey requesting that said City Council grant to it a franchise
for an indeterminate period, pursuant to the Franchise Act of 1937, to use
and to construct and use, for transmitting and distributing electricity for
any and all purposes, poles, wires, conduits and appurtenances, including
••■ communication circuits necessary or proper therefor, in, along, across, upon,
over and under the public streets, ways, alleys and places within the City of
Downey.
If said franchise shall be granted to it, said Southern California Edison
Company, its successors and assigns, hereinafter designated grantee, during
the life of said franchise will pay to said City two per cent (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 one per cent (1 %) of the gross annual receipts derived by grantee
from the sale of electricity within the limits of said City. Such percentage
shall be paid annually from the date of the granting of the franchise applied
for, and in the event such payment shall not be made said franchise shall be
forfeited.
The City Council of the City of Downey proposes to grant said franchise
for an indeterminate period.
NOTICE IS HEREBY FURTHER GIVEN that any and all persons having any ob-
jections to the granting of said franchise may appear before said City Council
at 8419 East Second Street, in said City, at the hour of 7:30 o'clock p.m. on
Monday the 25th day of February, 1957, and be heard thereon; and
NOTICE IS HEREBY FURTHER GIVEN that at any time not later than the hour
set for hearing 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.
The City Council at the time set for hearing said objections shall proceed
to hear and pass upon all protests so make; and
NOTICE IS HEREBY FURTHER GIVEN that the grantee of said franchise shall
file a bond, running to the City of Downey, with at least two good and suf-
ficient sureties approved by the City Council of said City, or with a corporate
surety approved by said City Council, in the penal sum of One Thousand Dollars
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01,000.00) , conditioned that the grantee shall well and truly observe, ful-
fill, and perform each term and condition of said franchise, and that in case
of any of condition of said bond, the amount of the penal sum therein
named shall be recoverable from the principal and sureties upon said bond.
Said bond shall be filed with the City Council of said City within five (5)
days after the date of the granting of • said franchise; and if said bond is
not so filed, or does not receive the approval of the City Council, said fran-
chise may be refused or forfeited and any money paid to the City in connection
therewith shall be retained by the City.
For further particulars reference is hereby made to said application
which is on file in the office of said City Clerk, and also to the resolution
adopted by said City Council on the )4th day of February, 1957, declaring its
intention to grant said franchise.
DATED this 4th day of February, 1957.
By order of the City Council of the City of Downey, California
—74/
ity C erk
The foregoing resolution was duly passed and adopted b T the City Council
of the City of Downey at a regular meeting of said City Council held on the
4th day of February, 1957, by the following vote.
/
5 AYES : Councilmen.: ' � / / / Oivykt,
0 NOES: Councilmen: C4,-
0 ABSENT: Councilmen: ›L,
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Mayor
ATTEST:
City Clerk
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STATE OF CALIFORNIA )
COUNTY OF LO$ ANGELES ) ss.
CITY OF DOWNEY )
I, Arthur W. Brewer, City Qerk of the City of Downey, hereby certify t hat
the foregoing resolution is a true copy of Resolution No. 33, which was intro-
duced and adopted at a regular meeting of the City Council of the City of Downey,
held on the L.th day of February, 1957.
City Clark
Dated this 5th day of February February, 1957.
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