HomeMy WebLinkAbout843 - Gas Line Franchise - Intention to GrantRESOLUTION NO. 843
RESOWTION BY CITY COUNCIL OF THE CITY OF COSTA MESA,
STATE OF CALIFORNIA, DECLARING ITS INTENTION TO GRANT
THE GAS FRANCHISE APPLIED FOR BY CALIFORNIA GAS TRANS-
MISSION COMPANY 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 CALIFORNIA GAS TRANSMIS-
SION COMPANY, a corporation organized and existing under and by virtue of the
laws of the State of California and desiring to engage as a public utility
corporation in transmitting gas for any and all purposes in the State of Cali-
fornia, 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 fran-
chise, 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 a pipeline and appurtenances for transmitting
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 Costa Mesa 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 Costa Mesa
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 percent (1%) of the gross annual receipts of applicant derived from the
sale within the limits of the City of Costa Mesa of the utility service for
which such franchise is awarded.
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
CALIFORNIA GAS TRANSMISSION COMPANY the franchise so applied for; and the
19th day of June, 1961, at 7:30 o'clock p.m., at the place where this City
Council usually meets, to -wit: City Hall, 695 West 19th Street, is hereby
fixed as the day, hour and place when and where all persons having any objec-
tion 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
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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 here-
by 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 Costa Mesa; to -wit: in the COSTA MESA GLOBE HERALD
in words and figures as follows, to -wit:
NOTICE OF INTENTION TO GRANT GAS FRANCHISE
AND OF TIME AND PLACE OF HEARING OBJECTIONS
TO WHOM IT MAY CONCERN:
NOTICE IS HEREBY GIVEN by the City Council of the City of Costa
Mesa 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 CALIFORNIA GAS TRANSMISSION COMPANY, a corpor-
ation, a franchise to lay and use a pipeline and appurtenances for trans-
mitting 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 Costa Mesa; and that the 19th day of June, 1961,
at 7:30 o'clock p.m., at the place where this City Council usually meets,
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to -wit: City Rall, 695 West 19th Street, is hereby fixed as the day,
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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 hear-
ing of objections, any person interested may make written protest, stating
objections against the granting of such franchise. Such protest shall be
signed by the protestant and 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 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 Costa Mesa 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 fran-
chise; 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 succes-
sors and assigns, derived from the sale within the limits of the City of
Costa Mesa of the utility service for which such franchise is awarded. Said
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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.
The grantee shall file with the City of Costa Mesa a bond in favor of
the City of Costa Mesa with two good and sufficient sureties approved by the
City Council of the City, or a corporate surety approved by said Council in
the amount of $2,000.00, said bond in such sum shall condition that the grantee
shall well and truly observe, fulfill and perform each term and condition of
the franchise and shall further provide that in case of any breach of term and
condition that the penal sum therein named shall be recoverable from the
principal and sureties upon the bond.
PROVIDED FURTHER, that the bond shall be filed with the legislative
Body of the City within five days subsequent to the date of the granting of
the franchise; provided further that if said bond is not so filed or if filed
does not receive the approval of the Legislative Body the franchise may be
refused and forfeited and any money paid to the City of Costa Mesa in connection
therewith shall be retained by said City.
IT IS THE INTENTION of the City of Costa Mesa that said bond be filed
pursuant to Section 6301 of the Public Utilities Code of the State of Califor-
nia as the same presently provides.
PASSED AND ADOPTED this 15th day of May, 1961
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Mayor of y of Costa Mesa
City Clerk of the Cit of Costa Mesa
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS.
CITY OF COSTA MESA )
I, A. C. SWARTZ, City Clerk of the City of Costa Mesa and ex -officio
Clerk of the City Council of the City of Costa Mesa, hereby certify that the above
and foregoing Resolution No. 843 was duly and regularly passed and adopted by the
City Council of the City of Costa Mesa at a regular meeting thereof held on the
15th day of May, 1961.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal
of the City of Costa Mesa, this 16th day of May, 1961. O yG
City Clerk and ex -officio Clerk of t e
City Council of the City of Costa Mesa
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Chief Deputy City Clerk