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HomeMy WebLinkAboutResolution No. 091 99 RESOLUTION NO. 91 A RESOLUTION .BY THE CITY COUNCIL OF THE CITY OF DOWNEY 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 FRANCHLSE ACT OF 1937. WHEREAS, this 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 consumers in various municipalitieP and communities in the State of California, including the City of Downey, an appli- cation, under andpursuant b the provisions of Divisions 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 anduue 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 Downey; and that the term for which the franchise therein applied for 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 Downey, during the life of such franchise, two per cent (2%) of the gross annual receipts of applicant arising firEm the use, operation or possession of said franchise; provided, however, that such payment shall in no event be less than one per cent (1%P of the gross annual receipts of applicant derived from the sale of gas within the limits of the City of Dowhey, 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 24th day of June ,I957, at 8:00 o'clock P.M. , at the place where this City Council usually meets , to wit Council Chambers, 8419 E 2nd St., Downey California, is herebe 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 Downey, to wit, in the Downey Livewire, 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 Downey that it intends 0 "1 to grant, under and pursuant to Divisions 3, Chapter 2 of the Public Utilities Code , of the State of California, known as the Franchise 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 Downey; and...that Snday, the 2,4th day of June, 1957, at 8:00 o'clock,P.M., at the place where this City Council usually meets, to wit, 8410 2nd St., Downey, 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 100 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 deliveredto the .clerk of this City Council. The term for which said franchise is proposed to be granted is indetermite, 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 Downey two per cent (2%) of the gross annual receipts of the grantee and its successors and ssigns 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 Downey 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 shall not be made said franchise will be forfeited. Dated June 3rd,1957 ,W Clerk of the City ourrcil of the City of Downey „ ,